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IRR 9184

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Implementing Rules and Regulations of Republic Act No. 9184
IMPLEMENTING RULES AND REGULATIONS OF
REPUBLIC ACT NO. 9184, OTHERWISE KNOWN AS
THE GOVERNMENT PROCUREMENT REFORM ACT
RULE I – GENERAL PROVISIONS
Section 1. Purpose and General Coverage
This Implementing Rules and Regulations (IRR) Part A, hereinafter called “IRR-A,” is
promulgated pursuant to Section 75 of Republic Act No. 9184 (R.A. 9184), otherwise known
as the “Government Procurement Reform Act” (GPRA), for the purpose of prescribing the
necessary rules and regulations for the modernization, standardization, and regulation of the
procurement activities of the government. This IRR-A shall cover all fully domesticallyfunded
procurement activities from procurement planning up to contract implementation and
termination, except for the following:
a) Acquisition of real property which shall be governed by Republic Act No. 8974
(R.A. 8974), entitled “An Act to Facilitate the Acquisition of Right-of-Way Site or
Location for National Government Infrastructure Projects and for Other Purposes,”
and other applicable laws; and
b) Private sector infrastructure or development projects and other procurement
covered by Republic Act No. 7718 (R.A. 7718), entitled “An Act Authorizing the
Financing, Construction, Operation and Maintenance of Infrastructure Projects by
the Private Sector, and for Other Purposes,” as amended: Provided, however,
That for the portions financed by the Government, the provisions of this IRR-A
shall apply.
The IRR-B for foreign-funded procurement activities shall be the subject of a subsequent
issuance.
Section 2. Declaration of Policy
The provisions of this IRR-A are in line with the Government’s commitment to good
governance and its effort to adhere to the principle of transparency, accountability, equity,
efficiency, and economy in its procurement process. It is the policy of the Government that
procurement of infrastructure projects, goods and consulting services shall be competitive
and transparent, and therefore shall be through public bidding, except as otherwise provided
in this IRR-A. It is also the policy of the Government to adopt a standard and uniform set of
rules and regulations governing the procurement of infrastructure projects, goods and
consulting services for government projects and other related activities that embodies a
streamlined procurement process.
Section 3. Governing Principles on Government Procurement
Government procurement shall be governed by these principles:
a) Transparency in the procurement process and in the implementation of
procurement contracts through wide dissemination of bid opportunities and participation
of pertinent non-government organizations.
b) Competitiveness by extending equal opportunity to enable private contracting
parties who are eligible and qualified to participate in public bidding.
Implementing Rules and Regulations of Republic Act No. 9184
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c) Streamlined procurement process that will uniformly apply to all government
procurement. The procurement process shall be simple and made adaptable to
advances in modern technology in order to ensure an effective and efficient method.
d) System of accountability where both the public officials directly or indirectly
involved in the procurement process as well as in the implementation of procurement
contracts and the private parties that deal with government are, when warranted by
circumstances, investigated and held liable for their actions relative thereto.
e) Public monitoring of the procurement process and the implementation of awarded
contracts with the end in view of guaranteeing that these contracts are awarded pursuant
to the provisions of the Act and this IRR-A, and that all these contracts are performed
strictly according to specifications.
Section 4. Scope and Application of IRR-A
4.1. This IRR-A shall govern and apply to the procurement of: a) infrastructure
projects; b) goods; and c) consulting services, by any branch, agency,
department, bureau, office, or instrumentality of the Government, including
government-owned and/or -controlled corporations (GOCCs), government
financial institutions (GFIs), state universities and colleges (SUCs), and local
government units (LGUs).
4.2. This IRR-A shall apply to the procurement of infrastructure projects, goods, and
consulting services by any procuring entity, subject to the provisions of
Commonwealth Act No. 138, otherwise known as the “Flag Law.” Any treaty or
international or executive agreement affecting the subject matter of this Act to
which the Philippine Government is a signatory shall be observed.
Section 5. Definition of Terms
For purposes of this IRR-A, the following terms or words and phrases shall mean or be
understood as follows:
a) Act. Refers to Republic Act No. 9184, entitled “An Act Providing for the
Modernization, Standardization and Regulation of the Procurement Activities of the
Government and for other Purposes,” otherwise known as the Government
Procurement Reform Act.
b) Approved Budget for the Contract. Refers to the budget for the contract duly
approved by the head of the procuring entity, as provided for in the General
Appropriations Act (GAA) and/or continuing appropriations, in the case of national
government agencies (NGAs); the corporate budget for the contract approved by
the governing board, pursuant to Executive Order No. 518, series of 1979 (“E.O.
518”), in the case of GOCCs and GFIs, and Republic Act No. 8292 in the case of
SUCs; and the budget approved by the Sanggunian in the case of LGUs. For
purposes of, and throughout, this IRR-A, the terms “ABC,” “Approved Budget for
the Contract” and “Approved Budget” shall have the same meaning and shall be
used interchangeably.
c) BAC. Refers to the Bids and Awards Committee established in accordance with
Rule V of this IRR-A.
d) Bid. Refers to a signed offer or proposal to undertake a contract submitted by a
bidder in response to and in consonance with the requirements of the bidding
documents. For purposes of, and throughout, this IRR-A, the term “Bid” shall be
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equivalent to and be used interchangeably with “Proposal” and “Tender,”
particularly when referring to the procurement of consulting services.
e) Bidder. Refers to an eligible contractor, manufacturer, supplier, distributor and/or
consultant competing for the award of a contract in any government procurement.
A contractor, manufacturer, supplier, distributor or consultant is said to be eligible if
it meets all the eligibility requirements issued by the procuring entity.
f) Bidding Documents. Refer to the documents issued by the procuring entity as
the bases for bids, furnishing all information necessary for a prospective bidder to
prepare a bid for the infrastructure projects, goods and/or consulting services
required by the procuring entity.
g) Common-Use Supplies. Refer to those goods, materials and equipment that are
repetitively used in the day-to-day operations of procuring entities in the
performance of their functions. For the purpose of this IRR-A, common-use
supplies shall be those included in the Price List of the Procurement Service (PS)
of the Department of Budget and Management (DBM).
h) Competitive Bidding. Refers to a method of procurement which is open to
participation by any interested party and which consists of the following processes:
advertisement, pre-bid conference, eligibility screening of prospective bidders,
receipt and opening of bids, evaluation of bids, post-qualification, and award of
contract. For purposes of, and throughout, this IRR-A the terms “Competitive
Bidding” and “Public Bidding” shall have the same meaning and shall be used
interchangeably.
i) Consulting Services. Refer to services for Infrastructure Projects and other types
of projects or activities of the Government requiring adequate external technical
and professional expertise that are beyond the capability and/or capacity of the
Government to undertake such as, but not limited to: (i) advisory and review
services; (ii) pre-investment or feasibility studies; (iii) design; (iv) construction
supervision; (v) management and related services; and (vi) other technical services
or special studies.
j) G-EPS. Refers to the Government Electronic Procurement System as provided in
Section 8 of this IRR-A.
k) Goods. Refer to all items, supplies, materials and general support services,
except consulting services and infrastructure projects, which may be needed in the
transaction of public businesses or in the pursuit of any government undertaking,
project or activity, whether in the nature of equipment, furniture, stationery,
materials for construction, or personal property of any kind, including non-personal
or contractual services such as the repair and maintenance of equipment and
furniture, as well as trucking, hauling, janitorial, security, and related or analogous
services, as well as procurement of materials and supplies provided by the
procuring entity for such services. The term “related” or “analogous services” shall
include, but not be limited to, lease or purchase of office space, media
advertisements, health maintenance services, and other services essential to the
operation of the procuring entity.
l) GPPB. Refers to the Government Procurement Policy Board created in accordance
with Rule XX of this IRR-A.
m) Head of the Procuring Entity. Refers to: (i) the head of the agency or body, or
his duly authorized official, for NGAs and the constitutional commissions or offices,
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and branches of government; (ii) the governing board or its duly authorized official,
for GOCCs, GFIs and SUCs; or (iii) the local chief executive, for LGUs: Provided,
however, That in an agency, department, or office where the procurement is
decentralized, the Head of each decentralized unit shall be considered as the head
of the procuring entity subject to the limitations and authority delegated by the head
of the agency, department, or office.
n) Infrastructure Projects. Include the construction, improvement, rehabilitation,
demolition, repair, restoration or maintenance of roads and bridges, railways,
airports, seaports, communication facilities, civil works components of information
technology projects, irrigation, flood control and drainage, water supply, sanitation,
sewerage and solid waste management systems, shore protection, energy/power
and electrification facilities, national buildings, school buildings, hospital buildings,
and other related construction projects of the government. For purposes of, and
throughout this IRR-A, the term “infrastructure projects” shall have the same
meaning as and shall be used interchangeably with “civil works.”
o) Portal. Refers to a website that integrates a wide variety of contents for the
purpose of attracting and aggregating multiple users together in a central virtual
space.
p) Procurement. Refers to the acquisition of Goods, Consulting Services, and the
contracting for Infrastructure Projects by the Procuring Entity. In case of projects
involving mixed procurements, the nature of the procurement, i.e., goods,
infrastructure projects, or consulting services, shall be determined based on the
primary purpose of the contract. Procurement shall also include the lease of goods
and real estate. With respect to real property, its procurement shall be governed
by the provisions of R.A. 8974 and other applicable laws, rules and regulations.
q) Procuring Entity. Refers to any branch, constitutional commission or office,
agency, department, bureau, office, or instrumentality of the Government, including
GOCC, GFI, SUC and LGU procuring Goods, Consulting Services and
Infrastructure Projects.
Section 6. Standardization of Procurement Process and Forms.
6.1. To systematize the procurement process, avoid confusion and ensure
transparency, the GPPB shall pursue the development and approval of generic
procurement manuals and standard bidding documents and forms including
forms to be used for major procurement like drugs and textbooks.
6.2. Once issued by the GPPB, the use of the generic procurement manuals, generic
standard bidding documents and forms, and standard evaluation documents shall
be mandatory upon all procuring entities. However, whenever necessary, to suit
the particular needs of the procuring entity, modifications may be made
particularly for major and more specialized procurement subject to the approval of
the GPPB.
6.3. The GPPB shall formulate, approve and disseminate the generic procurement
forms, not later than 30 days upon the approval of this IRR-A. This shall be
followed with the forms for the more specialized procurements.
RULE II – PROCUREMENT PLANNING
Section 7. Procurement Planning and Budgeting Linkage
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7.1. All procurement should be within the approved budget of the procuring entity and
should be meticulously and judiciously planned by the procuring entity
concerned. No government procurement shall be undertaken unless it is in
accordance with an approved Annual Procurement Plan (APP). In the case of
projects funded from lump-sum appropriations, the head of the procuring entity
shall immediately update the APP to include such projects or contracts. For
infrastructure contract packages projects, the ABC shall cover the individual cost
components of civil works only. The other components of the project such as
right-of-way (ROW), consulting services and Engineering Supervision and
Administrative Overhead (ESAO), shall comply with the applicable provisions of
law or agency guidelines. The ABC for the contract shall be at all times
consistent with the appropriations for the project authorized in the GAA and/or
continuing appropriations, in the case of NGAs; the corporate budget approved
by the governing boards, pursuant to E.O. 518, in the case of GOCCs; and the
budget approved by the Sanggunian in the case of LGUs.
7.2. Each procuring entity shall judiciously prepare, maintain and update an APP for
all its procurement, that shall include, for each individual project, a Project
Procurement Management Plan (PPMP). The APP shall bear the approval of the
head of the procuring entity or second-ranking official designated by the head of
the procuring entity to act on his behalf, and must be consistent with its duly
approved yearly budget. Consistent with government fiscal discipline measures,
only those considered crucial to the efficient discharge of governmental functions
shall be included in the APP. For purposes of this IRR-A, a procurement shall be
considered crucial to the efficient discharge of governmental functions if it is
required for the day-to-day operations or is in pursuit of the principal mandate of
the procuring entity concerned. In case of Infrastructure Projects, the Plan shall
consider the appropriate timing/phasing of related project activities such as
engineering design and acquisition of ROW to reduce/lower project costs.
7.3. The PPMP shall include: a) the type of contract to be employed; b) the extent/size
of contract scopes/packages; c) the procurement methods to be adopted, and
indicating if the procurement tasks are to be outsourced as provided in Section
53(e) of this IRR-A; d) the time schedule for each procurement activity; and e) the
estimated budget for the general components of the contract e.g., civil works,
goods and consultancy services. The APP shall include provisions for
foreseeable emergencies based on historical records. In the case of textbooks
for general use, the packaging of the contract shall be divided into two
components: a) development of the manuscript; and b) printing of the textbooks.
7.4. The preparation and updating of the PPMPs shall be the responsibility of the
respective Project Management Offices (PMOs) or end-user units of the
procuring entities, while the consolidation of these PPMPs into an APP shall be
lodged with the BAC Secretariat of that procuring entity. These units may avail of
the services of technical experts to review the individual PPMPs.
7.5. Updating of the individual PPMPs and the consolidated APP for each procuring
entity shall be undertaken every six (6) months or as often as may be required by
the head of the procuring entity. Implementation of any project not included in
the procuring entity’s APP shall not be allowed.
RULE III – PROCUREMENT BY ELECTRONIC MEANS
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Section 8. Procurement by Electronic Means and the Government Electronic
Procurement System (G-EPS)
8.1. The G-EPS
8.1.1. To promote transparency and efficiency, information and communications
technology shall be utilized in the conduct of procurement procedures.
Accordingly, there shall be a single portal that shall serve as the primary
source of information on all government procurement. The G-EPS shall serve
as the primary and definitive source of information on government
procurement. For this purpose, the Electronic Procurement System (EPS)
established in accordance with Executive Order No. 322, series of 2000, and
Executive Order No. 40, series of 2001 (E.O. 40), shall continue to be
managed by the PS-DBM under the supervision of the GPPB, as the G-EPS
in accordance with this IRR-A.
8.1.2. To take advantage of the significant built-in efficiencies of the G-EPS and the
volume discounts inherent in bulk purchasing, all procuring entities shall
utilize the G-EPS for the procurement of common-use supplies in accordance
with the rules and procedures to be established by the GPPB. With regard to
the procurement of non-common use items, infrastructure projects and
consulting services, agencies may hire service providers through competitive
bidding to undertake their electronic procurement: Provided, however, That
these service providers meet the following minimum requirements:
a) Comply with the provisions of the Act and this IRR-A, and Republic Act
No. 8792 (R.A. 8792), otherwise known as the “Electronic Commerce
Act;”
b) Linked to the G-EPS, particularly with regard to the posting of all bid
opportunities and awards;
c) Allow parallel manual submission of bids to the procuring entity;
d) Ensure that the BAC shall have complete control of the bidding process,
and that the BAC’s sole authority to open bids is strictly observed;
e) Its system must be virus-resilient and must provide sufficient security
which is at least equivalent to that employed by the G-EPS, such as, but
not limited to, firewall and encryption devices;
f) Must provide for the use of electronic signatures and other current
electronic authentication devices;
g) Must have sufficient redundant back-up facilities;
h) Must have provisions for linkage to the procuring entity’s Financial
Management Information System (FMIS), Logistics Management
Systems, and other internal information systems that may interact with
the procurement process; and
i) Electronic payment facilities, if used, shall comply with all laws, rules
and regulations issued by the Government.
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The GPPB shall determine and certify compliance with the above
requirements. However, the GPPB may delegate this task to technically
capable agencies/offices/units of the Government.
8.2. Features of the G-EPS
The G-EPS includes the following features:
8.2.1. The Electronic Bulletin Board
a) The G-EPS shall have a centralized electronic bulletin board for posting
procurement opportunities, notices, awards and reasons for award. All
procuring entities are required to post all procurement opportunities,
results of bidding and related information in the G-EPS bulletin board.
b) Procuring entities shall post the Invitation to Apply for Eligibility and to
Bid in the electronic bulletin board in accordance with Section 21 of this
IRR-A.
8.2.2. Registry of Manufacturers, Suppliers, Distributors, Contractors and
Consultants
a) The G-EPS shall have a centralized electronic database of all
manufacturers, suppliers, distributors, contractors and consultants
registered under the system.
b) Registration shall entail the submission of the requirements specified by
the PS-DBM. Submission of these requirements may be done on-line at
the G-EPS website or physically at the G-EPS office. Registration shall
be effective for one year and may be renewed, provided that the
manufacturer, supplier, distributor, contractor or consultant concerned
maintains its registration current and updated at least once a year, or
more frequently when needed.
c) Manufacturers, suppliers, distributors, contractors and consultants
applying for registration must also indicate their account number with a
bank duly licensed by the Bangko Sentral ng Pilipinas (BSP) to facilitate
payment as well as the posting of bid and performance security, when
applicable.
d) The G-EPS shall deny registration to or exclude from the registry any
party that is found to have willfully misrepresented any of the information
provided in the application for registration or who is in the “blacklist” of
the Government or any of its procuring entities from participating in any
of its procurement opportunities.
e) A manufacturer, supplier, distributor, contractor or consultant applying
for registration shall be required to provide an e-mail address to which
all communications from the BAC and the procuring entity shall be sent.
The e-mail address provided shall be considered as such applicant’s
information system for purposes of reckoning the date of sending or
receipt of electronic messages or documents.
f) Registered manufacturers, suppliers, distributors, contractors and
consultants shall secure a digital certificate from the appropriate
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certification authority to be able to participate in the procurement
activities of the G-EPS.
g) Registration with the G-EPS is not tantamount to a finding of eligibility,
nor is it a guaranty that a manufacturer, supplier, distributor, contractor
or consultant may participate in a public bidding without first being
determined to be eligible for that particular public bidding.
8.2.3. The Electronic Catalogue
a) The G-EPS shall have a centralized electronic catalogue of common
and non-common use goods, supplies, materials and equipment.
b) Procuring entities shall procure common-use goods, supplies, materials
and equipment from the Electronic Catalogue in the G-EPS. To be able
to use the G-EPS, procuring entities shall be required to register and
designate the officials or personnel authorized to transact with and
operate the G-EPS from such procuring entities’ terminals.
c) Procuring entities without internet access may avail of the G-EPS Public
Access Terminals which shall be installed at DBM designated locations
in the provinces and in Metro Manila: Provided, however, That they shall
comply with Section 8.3 of this IRR-A.
d) The Electronic Catalogue may also feature non-common use items that
may be procured directly and without public bidding by procuring entities
from suppliers: Provided, however, That for an item to be carried in the
Electronic Catalogue for this purpose, the supplier thereof must have
been determined as the Lowest Calculated Responsive Bidder in a
previous bidding conducted by PS-DBM or by a procuring entity for PSDBM:
Provided, further, That such item will be featured in the Electronic
Catalogue for a maximum period of six (6) months unless another
supplier offers a price lower by at least five percent (5%) and such
supplier is determined by the procuring entity that conducted the
previous bidding to meet the eligibility and bidding requirements for the
item, in which case the item from the latter supplier will be that featured
in the Electronic Catalogue for the remainder of the six (6)-month
period.
8.2.4. Additional Features
The G-EPS shall also feature a Virtual Store, Electronic Payment, Electronic
Bid Submission, and such other features as may be developed in the future.
8.2.4.1. Virtual Store
The G-EPS may have a feature that will enable the ordering of commonuse
and non-common use items online called a virtual store. The virtual
store shall be open only to registered procuring entities and may not be
accessed by suppliers.
8.2.4.2. Electronic Payment
The G-EPS may support e-Payment functions that will allow the system
to manage the generation of purchase orders and the payment of bids
processed through the system.
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The focus of this feature is to facilitate the electronic transfer of funds
from PS-DBM to and from procuring entities and suppliers, and from
procuring entities to suppliers for bids managed directly by the procuring
entity. The system shall:
a) Generate purchase orders from a bid notice, award notice or
contract;
b) Support approval process for purchase orders before any payment
or fund transfer is processed;
c) Have a process to submit request for payment upon delivery of
goods and/or services and the completion of the approval process; and
d) Have the ability to interface with the designated bank of the
procuring entity and suppliers to support the electronic transfer of funds.
8.2.4.3. Electronic Bid Submission
The G-EPS may support the implementation of e-Bid submission
processes, which includes creation of electronic bid forms, creation of
bid box, delivery of bid submissions, notification to supplier of receipt of
bids, bid receiving and electronic bid evaluation. This facility shall cover
all types of procurement for goods, infrastructure projects and consulting
services.
8.3. Use of the G-EPS
8.3.1. All procuring entities are mandated to fully use the G-EPS in accordance with
the policies, rules, regulations and procedures adopted by the GPPB and
embodied in this IRR-A. In this connection, all procuring entities shall register
with the G-EPS and shall undertake measures to ensure their access to an
on-line network to facilitate the open, speedy and efficient on-line
transmission, conveyance and use of electronic data messages or electronic
documents. The PS-DBM shall assist procuring entities to ensure their online
connectivity and help in training their personnel responsible for the
operation of the G-EPS from their terminals.
8.3.2. The rules and regulations governing the manual method of procurement shall
apply whenever the rules in this Section are silent. Further, the GPPB is
authorized to approve changes in the procurement process to adapt to
improvements in modern technology, provided that such modifications are
consistent with the provisions of Section 3 of the Act and this IRR-A.
8.3.3. All central and regional offices of NGAs, GFIs, GOCCs, SUCs and city
governments are mandated to use the G-EPS and all its available facilities by
the end of 2003; all district offices of NGAs and provincial governments, by
the end of 2004; all municipal offices of NGAs and all municipal governments,
by the end of 2005; and barangays, by the end of 2006: Provided, however,
That barangays may procure through the municipal governments.
8.4. Pre-bid Conferences and Notices under the G-EPS
8.4.1. Pre-bid conferences shall be conducted in accordance with Section 22 of this
IRR-A: Provided, however, That the requirement for face-to-face bidding
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conference may be replaced once videoconferencing or similar technology
becomes the norm in business transactions in the country. Procuring entities
with videoconferencing capabilities that have manufacturers, suppliers,
distributors, contractors and/or consultants that also have videoconferencing
capabilities may conduct their pre-bidding conferences electronically.
8.4.2. Requests for clarification from bidders may be sent electronically to the BAC.
To be binding on bidders, clarifications and amendments to the Invitation to
Apply for Eligibility and to Bid and to the bidding documents shall be in the
form of Supplemental/Bid Bulletins which shall be posted in the G-EPS
bulletin board.
8.4.3. The Supplemental/Bid Bulletins mentioned in the immediately preceding
Subsection as well as all other notices to be made by the BAC to the bidders
or prospective bidders shall be posted in the G-EPS bulletin board and sent
electronically to the e-mail address indicated in the bidders’ registration.
8.5. Registration, Eligibility Requirements and Submission of Bids under the G-EPS
8.5.1. Manufacturers, suppliers, distributors, contractors and/or consultants shall
register with the G-EPS. All procuring entities already maintaining an
electronic registry upon the effectivity of this IRR-A shall integrate the same
with that of the G-EPS. A manufacturer, supplier, distributor, contractor or
consultant duly registered with the G-EPS may participate in a procurement
undertaken by any procuring entity, provided that the said manufacturer,
supplier, distributor, contractor or consultant maintains its registration current
and updated in accordance with the provisions of this IRR-A, and its
registration is proper and relevant to the particular type of procurement.
8.5.2. Letters of Intent (LOIs) and eligibility requirements, as the case may be, may
be sent electronically to a procuring entity through the G-EPS: Provided,
however, That the G-EPS shall allow manual submission of LOIs and
eligibility requirements. The G-EPS shall generate and send an
acknowledgement of any LOI or eligibility requirement received by it.
8.5.3. Registered bidders determined to be eligible may submit their bids at any time
before the closing date specified in the bidding documents. The G-EPS shall
bar all incoming bids after such date.
8.5.4. The G-EPS shall have a feature that allows the electronic submission of LOIs,
eligibility requirements and bids.
8.5.5. Upon receipt of a bid, the G-EPS shall generate and send a message to the
bidder acknowledging such receipt.
8.6. Opening of Bids under the G-EPS
8.6.1. The BAC shall have the sole authority to open the bids.
8.6.2. Only the financial proposals of bidders whose technical proposals meet the
minimum technical requirements shall be opened or decrypted.
8.6.3. An update of all procurement contracts, regardless of whether procurement is
done electronically or manually, shall be posted on the G-EPS bulletin board.
The update shall include, but shall not be limited to, the status of procurement
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contracts, including the names of contract awardees and the amount of the
contract.
8.6.4. Without prejudice to criminal prosecution under the applicable provisions of
the Act and this IRR-A, R.A. 8792, Republic Act No. 3019 (R.A. 3019),
otherwise known as the “Anti-Graft and Corrupt Practices Act,” other
applicable penal laws, public officials and employees who commit any of the
following acts shall be deemed to have committed grave misconduct and shall
be sanctioned and/or penalized in accordance with the applicable Civil
Service rules and regulations:
1. Opening or decryption, by whatever means, of bids submitted through
the G-EPS ahead of the appointed time for the opening or decryption of
such bids;
2. Causing the unauthorized disclosure of any information or document
submitted through the G-EPS;
3. Hacking into or cracking the G-EPS, or aiding another person to hack
into or crack the same; or
4. Any other act that breaches or violates the Security, Integrity and
Confidentiality of the G-EPS.
8.6.5. When any of the foregoing acts is done by the administrator(s) or
employee(s) of a service provider hired by a procuring entity, or in collusion
with or by a private party who is a participant in the bidding process, said
administrator(s), employee(s) or private party shall be imposed the
corresponding sanctions and/or penalties under this IRR-A.
8.7. Observers
The G-EPS shall allow observers, duly authorized by the BAC, to monitor the
procurement proceedings on-line: Provided, however, That such observers do not
have any direct or indirect interest in the contract to be bid.
Section 9. Security, Integrity and Confidentiality
9.1. The G-EPS shall incorporate the following features, which shall be periodically
upgraded to keep abreast with developments in technology:
9.1.1. Security – The G-EPS shall be protected from unauthorized access or
interference through the incorporation of security features such as, but not
limited to, firewalls. Periodic tests shall be conducted to ensure that the
system cannot be breached.
9.1.2. Integrity – The G-EPS shall ensure that no person, including the system
administrators and chairperson and members of the BAC, shall be able to
alter the contents of bids submitted through the system or read the same
ahead of the stipulated time for the decryption or opening of bids. For this
purpose, bids submitted through the G-EPS shall be sealed through
electronic keys. The authenticity of messages and documents submitted
through the G-EPS shall also be ensured by the use of electronic signatures.
9.1.3. Confidentiality – The G-EPS shall ensure the privacy of parties transacting
with it. For this purpose, no electronic message or document sent through
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the system shall be divulged to third parties unless such electronic message
or document was sent after the sender was informed that the same will be
made publicly available. The G-EPS shall protect the intellectual property
rights over documents, including technical designs, submitted in response to
Invitations to Apply for Eligibility and to Bid.
9.1.4. Audit Trail – The G-EPS shall include a feature that provides for an audit trail
for on-line transactions, and allows the Commission on Audit (COA) to verify
the security and integrity of the system at any time.
9.1.5. Performance Tracking – The performance of manufacturers, suppliers,
distributors, contractors and consultants shall be tracked to monitor
compliance with delivery schedules and other performance indicators.
Similarly, the performance of procuring entities shall be tracked to monitor the
settlement of their obligations to manufacturers, suppliers, distributors,
contractors and consultants.
RULE IV – COMPETITIVE BIDDING
Section 10. Competitive Bidding
All procurement shall be done through competitive bidding, except as provided in Rule XVI
of this IRR-A.
RULE V – BIDS AND AWARDS COMMITTEE
Section 11. The BAC and its Composition
11.1. BAC Structure
Each procuring entity shall establish in its head office a single BAC to undertake
the functions specified in Section 12 of this IRR-A. However, to expedite the
procurement process for practical intents and purposes, the head of the
procuring entity may create separate BACs where the number and complexity of
the items to be procured shall so warrant. The BACs may be organized either
according to: (a) geographical location of PMO or end-user units of the procuring
entity; or (b) nature of procurement. Similar committees for decentralized and
lower level offices may also be formed when deemed necessary by the head of
the procuring entity. The creation of the separate BACs shall be limited in order
to facilitate professionalization and harmonization of procedures and standards.
In line with the objective to integrate the operations of foreign assisted projects
to the mainstream operation of agencies separate BACs created to manage
foreign assisted projects are discouraged.
11.2. BAC Composition
11.2.1. National Government agencies, departments, bureaus, offices, or
instrumentalities of the Government, including the judiciary and legislative
branches, constitutional commissions, SUCs, GOCCs, and GFIs:
Regular Members:
1. Chairman, who is at least a third ranking permanent official of the
procuring entity;
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2. An officer, who is at least a fifth ranking permanent official, with
knowledge, experience and/or expertise in procurement who, to the extent
possible, represents the legal or administrative area of the procuring entity,
provided that in the case of bureaus, regional offices and sub-regional/district
offices, BAC members shall be at least a third ranking permanent personnel;
3. An officer, who is at least a fifth ranking permanent official, with
knowledge, experience and/or expertise in procurement who, to the extent
possible, represents the finance area of the procuring entity, provided that in
the case of bureaus, regional offices and sub-regional/district offices, BAC
members shall be at least a third ranking permanent personnel;
Provisional Members:
4. An officer who has technical expertise relevant to the procurement at
hand, and, to the extent possible, has knowledge, experience and/or
expertise in procurement; and
5. A representative from the end user unit who has knowledge of
procurement laws and procedures.
The members of the BAC, including the Chairman and the Vice-Chairman,
shall be designated by the head of the procuring entity. Moreover, the Vice-
Chairman shall be a regular member of the BAC. For purposes of this IRRA,
the term “permanent” shall refer to a plantilla position within the procuring
entity concerned.
11.2.2. Local Government Units
The BAC shall be composed of one (1) representative each from the regular
offices under the Office of the Local Chief Executive such as, but not limited
to the following: Office of the Administrator, Budget Office, Legal Office,
Engineering Office, General Services Offices. The end user office shall
always be represented in the BAC. The Chairman of the BAC shall be at
least a third ranking permanent official of the procuring entity. The members
of the BAC shall be personnel occupying plantilla positions of the procuring
entity concerned.
The local chief executive shall designate the members of the BAC. The
members shall elect among themselves who shall act as the Chairman and
Vice-Chairman.
11.2.3. The members to be designated by the head of the procuring entity to the
BAC shall be at least five (5), but not more than seven (7).
11.2.4. Unless sooner removed for a cause, the members of the BAC shall have a
fixed term of one (1) year reckoned from the date of appointment, renewable
at the discretion of the head of the procuring entity. In case of resignation,
retirement, separation, transfer, re-assignment, removal, death, the
replacement shall serve only for the unexpired term: Provided, however,
That in case of leave or suspension, the replacement shall serve only for the
duration of the leave or suspension. For justifiable causes, a member shall
be suspended or removed by the head of the procuring entity. In the interest
of professionalization, the head of the procuring entity is encouraged to
extend the terms of office of deserving members.
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11.2.5. In no case shall the head of the procuring entity and/or the approving
authority be the Chairman or a member of the BAC.
Section 12. Functions of the BAC.
12.1. The BAC shall have the following functions: advertise and/or post the invitation
to bid, conduct pre-procurement and pre-bid conferences, determine the
eligibility of prospective bidders, receive bids, conduct the evaluation of bids,
undertake post-qualification proceedings, resolve motions for reconsideration,
recommend award of contracts to the head of the procuring entity or his duly
authorized representative: Provided, however, That in the event the head of the
procuring entity shall disapprove such recommendation, such disapproval shall
be based only on valid, reasonable and justifiable grounds to be expressed in
writing, copy furnished the BAC; recommend the imposition of sanctions in
accordance with Rule XXIII, and perform such other related functions as may be
necessary, including the creation of a Technical Working Group (TWG) from a
pool of technical, financial and/or legal experts to assist in the procurement
process, particularly in the eligibility screening, evaluation of bids and postqualification.
In proper cases, the BAC shall also recommend to the head of the
procuring entity the use of Alternative Methods of Procurement as provided for in
Rule XVI hereof.
12.2. The BAC shall be responsible for ensuring that the procuring entity abides by the
standards set forth by the Act and this IRR-A, and it shall prepare a procurement
monitoring report that shall be approved and submitted by the head of the
procuring entity to the GPPB on a semestral basis. The procurement monitoring
report shall cover all procurement activities specified in the APP, whether
ongoing and completed, costing fifty million pesos (P50,000,000) and above for
goods and infrastructure projects, and five million pesos (P5,000,000) and above
for consulting services. The report shall cover major activities from the holding
of the pre-procurement conference to the issuance of notice of award and the
approval of the contract, including the standard and actual time for each major
procurement activity. It shall be submitted in printed and electronic format within
ten (10) working days after the end of each semester.
12.3. Quorum
A majority of the total BAC composition as designated by the head of the
procuring entity shall constitute a quorum for the transaction of business,
provided that the presence of the Chairman or Vice-Chairman shall be required.
12.4. Meetings
The Chairman or, in his absence, the Vice-Chairman, shall preside at all
meetings of the BAC. The decision of at least a majority of those present at a
meeting at which there is quorum shall be valid and binding as an act of the
BAC: Provided, however, That the Chairman or, in his absence, the Vice-
Chairman, shall vote only in case of a tie. Observers and representatives of
BAC members shall have no right to vote during BAC meetings, nor shall the
representatives of BAC members be authorized to sign in behalf of the members
represented.
Section 13. Observers
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13.1. To enhance the transparency of the process, the BAC shall, in all stages of the
procurement process, invite, in addition to the representative of the COA, at
least two (2) observers to sit in its proceedings:
1. At least one (1) shall come from a duly recognized private group in a sector
or discipline relevant to the procurement at hand, for example:
a) For infrastructure projects –
(i) National Constructors Associations duly recognized by the
Construction Industry Authority of the Philippines (CIAP), such as, but
not limited to:
The Philippine Constructors Association, Inc. (PCA); and
The National Constructors Association of the Philippines, Inc.
(NACAP); and
(ii) The Philippine Institute of Civil Engineers (PICE).
b) For goods -
A specific relevant chamber-member of the Philippine Chamber of
Commerce and Industry (PCCI).
c) For consulting services -
(i) A project-related professional organization accredited or duly
recognized by the Professional Regulation Commission (PRC) or the
Supreme Court (SC), such as, but not limited to:
The Philippine Institute of Civil Engineers (PICE); and
The Philippine Institute of Certified Public Accountants (PICPA); or
(ii) The Confederation of Filipino Consulting Organizations
(COFILCO).
2. The other observer shall come from a non-government organization
(NGO).
13.2. The observers shall come from an organization duly registered with the
Securities and Exchange Commission (SEC), and should meet the following
criteria:
1. Knowledge, experience or expertise in procurement or in the subject
matter of the contract to be bid;
2. Absence of direct or indirect interest in the contract to be bid out; and
3. Any other criteria that may be determined by the BAC.
13.3. Observers will be informed at least 2 days before the stages of procurement to
which observers shall be invited: pre-bid conference; opening of bids; postqualification;
and contract award; and special meetings of the BAC. The
absence of observers will not nullify the BAC proceedings, provided that they
have been duly invited in writing.
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13.4. Responsibilities of the Observers
The observers shall have the following responsibilities:
1. Preparation of the report either jointly or separately indicating their
observations made on the bidding activity conducted by the BAC for
submission to the Head of the Procuring entity, copy furnished the BAC
Chairman. The report shall assess the extent of the BAC’s compliance
with the provisions of this IRR-A and areas of improvement in the BAC’s
proceedings. For this purpose, the BAC shall furnish them a copy of the
following documents upon their request:
a. Minutes of related proceedings of BAC meetings;
b. Abstract of Bids;
c. Post-qualification summary report;
d. APP and related PPMP; and
e. Copies of “opened” proposals.
Observers may also give a copy of their report to the Office of the
Ombudsman/Resident Ombudsman if the BAC is found to have failed in
following the prescribed bidding procedures or for any justifiable and
reasonable ground where the award of the contract will not redound to the
benefit of the Government as defined in this IRR-A.
2. To sign the abstract of bids if, in their independent observation, the bidding
activity conducted by the BAC followed the correct procedure as indicated
in this IRR-A; and
3. To sign the post-qualification summary report if, in their independent
observation, the BAC followed the procedure as indicated in this IRR-A
and that the observer is amenable to the results of the post-qualification.
Section 14. BAC Secretariat
14.1. The head of the procuring entity shall create a Secretariat which will serve as the
main support unit of the BAC. He may also designate an existing organic office
within the said procuring entity to serve as Secretariat. However, to strengthen
and promote the professionalization of the organizations’ procuring unit, he may
reorganize this unit by designating it as BAC Secretariat and redeploying
appropriate existing personnel to it to perform this function, as well as
procurement related task. The Secretariat shall have the following functions and
responsibilities:
1. Provide administrative support to the BAC;
2. Organize and make all necessary arrangements for the BAC meetings;
3. Attend BAC meetings as Secretary;
4. Prepare Minutes of the BAC meetings;
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5. Take custody of procurement documents and be responsible for the sale
and distribution of bidding documents to interested bidders;
6. Assist in managing the procurement processes;
7. Monitor procurement activities and milestones for proper reporting to
relevant agencies when required;
8. Consolidate PPMPs from various units of the procuring entity to make
them available for review as indicated in Section 7 of this IRR-A;
9. Make arrangements for the pre-procurement and pre-bid conferences and
bid openings; and
10. Be the central channel of communications for the BAC with end users,
PMOs, other units of the line agency, other government agencies,
providers of goods, civil works and consulting services, and the general
public.
14.2. The head of the Secretariat in central offices shall be at least a fifth ranking
permanent employee or, if not available, a permanent official of the next lower
rank; or shall be at least a third ranking permanent employee in bureaus,
regional offices and sub-regional/ district offices, or if not available, a permanent
employee of the next lower rank.
14.3. To expedite the procurement process, the head of the procuring entity shall
ensure that the members of the BAC and TWG shall give utmost priority to BAC
assignments over all other duties and responsibilities, until the requirements for
the said assignments at hand are completed.
Section 15. Honoraria of BAC and TWG Members
The procuring entity may grant payment of honoraria to the BAC members in an amount not
to exceed twenty five percent (25%) of their respective basic monthly salary subject to
availability of funds. For this purpose, the DBM shall promulgate the necessary guidelines.
The procuring entity may also grant payment of honoraria to the TWG members, subject to
the relevant rules of the DBM.
Section 16. Professionalization of BAC, TWG Members and Procurement Units
16.1. The GPPB shall establish a sustained training program to develop the capability
of the BACs, BAC Secretariats, TWGs, and the Procurement Units of procuring
entities, and professionalize the same.
16.2. Procurement Proficiency
In addition to integrity, heads of procuring entities shall consider procurement
proficiency as a factor in designating officials to the BAC as well as the head of
the Secretariat and Procurement Unit. In turn, the BAC shall consider the same
in their selection of the TWG members.
16.3. In line with the standardization of procurement procedures and the thrust
towards strengthening the procurement function to increase operational
efficiency and effectiveness, heads of procuring entities shall aim to consolidate,
or unify all procurement activities of the organization, whether locally funded or
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foreign assisted, and whether pertaining to goods, infrastructure projects or
consulting services.
RULE VI - PREPARATION OF BIDDING DOCUMENTS
Section 17. Form and Contents of Bidding Documents
17.1. The Bidding Documents shall be prepared by the procuring entity following the
standard forms and manuals prescribed by the GPPB. The bidding documents
shall include the following:
a) Approved Budget for the Contract;
b) Eligibility Requirements;
c) Instructions to Bidders, including criteria for eligibility, bid evaluation and
post-qualification, as well as the date, time and place of the pre-bid
Conference (where applicable), submission of bids and opening of bids;
d) Terms of Reference (TOR), for consulting services;
e) Scope of work, where applicable;
f) Plans and Technical Specifications;
g) Form of Bid, Price Form, and List of Goods or Bill of Quantities;
h) Delivery Time or Completion Schedule;
i) Form, Amount and Validity Period of Bid Security;
j) Form and Amount of Performance Security and Warranty; and
k) Form of Contract, and General and Special Conditions of Contract.
17.2. The bidding documents shall clearly and adequately define, among others: (a)
the objectives, scope and expected outputs and/or results of the proposed
contract; (b) the expected contract duration, the estimated quantity in the case of
procurement of goods, delivery schedule and/or time frame; (c) the obligations,
duties and/or functions of the winning bidder; and (d) the minimum eligibility
requirements of bidders, such as track record to be determined by the head of
the procuring entity.
17.3. The procuring entity may require additional document requirements or
specifications such as summary of data, facilities and/or services where
applicable and necessary to complete the information required for the bidders to
prepare and submit their respective bids. The bidding documents, as may be
amended, shall subsequently form an integral part of the contract.
17.4. The specifications and other terms in the bidding documents shall reflect
minimum requirements or specifications required to meet the needs of the
procuring entity in clear and unambiguous terms. The bidder may submit an
offer which provides for superior specifications and/or better terms and
conditions to the Government at no extra cost. However, these shall not be
given any bonus, credit or premium in the bid evaluation.
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17.5. Prospective bidders shall be given ample time to examine the bidding
documents and to prepare their respective bids. To provide ample time, the
concerned BAC shall promptly issue the bidding documents for the contract to
be bid at the time the Invitation to Apply for Eligibility and to Bid is first
advertised. Bidders may be asked to pay for the bidding documents to recover
the cost of its preparation and development. The BAC shall issue the bidding
documents upon payment of the corresponding cost thereof to the
collecting/disbursing officer of the procuring entity concerned.
17.6. Detailed Engineering for the Procurement of Infrastructure Projects
No bidding and award of contract for infrastructure projects shall be made unless
the detailed engineering investigations, surveys and designs except for design
and build schemes wherein bidders shall be allowed to submit its detailed
engineering designs as part of its bid, including the acquisition of the ROW, for
the project have been sufficiently carried out and duly approved in accordance
with the standards and specifications prescribed by the head of the procuring
entity concerned or his duly authorized representative, and in accordance with
the provisions of Annex “A” of this IRR-A.
17.7. Responsibility of Prospective or Eligible Bidder
17.7.1. A prospective or eligible bidder shall be responsible for:
a) Having taken steps to carefully examine all of the bidding documents;
b) Having acknowledged all conditions, local or otherwise, affecting the
implementation of the contract;
c) Having made an estimate of the facilities available and needed for the
contract to be bid, if any; and
d) Having complied with his responsibility as provided for under Section
22.5.1.
Failure to observe any of the above responsibilities shall be at the risk of the
prospective bidder or eligible bidder concerned. For this purpose, a bidder
shall execute a sworn statement attesting to the foregoing responsibilities, to
be submitted by the bidder as an annex to its technical proposal.
17.7.2. It shall be the sole responsibility of the prospective bidder to determine and
to satisfy itself by such means as it considers necessary or desirable as to all
matters pertaining to the contract to be bid, including: (a) the location and the
nature of the contract, project or work; (b) climatic conditions; (c)
transportation facilities; (c) for the procurement of infrastructure projects,
nature and condition of the terrain, geological conditions at the site
communication facilities, requirements, location and availability of
construction aggregates and other materials, labor, water, electric power and
access roads; and (d) other factors that may affect the cost, duration and
execution or implementation of the contract, project or work.
In the case of procurement of infrastructure projects, the bidder, by the act of
submitting its bid, shall be deemed to have inspected the site and
determined the general characteristics of the contract works and the
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conditions indicated above. The BAC shall require an affidavit of such site
inspection from the eligible bidder.
17.7.3. The procuring entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the
data furnished by the procuring entity.
17.7.4. Before submitting their bids, the bidders are deemed to have become
familiar with all existing laws, decrees, ordinances, acts and regulations of
the Philippines which may affect the contract in any way. However, in cases
where the cost of the awarded contract is affected by any applicable new
laws, ordinances, regulations or other acts of Government promulgated after
the date of bidding, a contract price adjustment shall be made or appropriate
relief shall be applied on a no loss-no gain basis, provided such is not
covered by the contract provisions on price adjustment.
Section 18. Reference to Brand Names
Specifications for the procurement of goods shall be based on relevant characteristics and/or
performance requirements. Reference to brand names shall not be allowed.
Section 19. Access to Information
In all stages of the preparation of the bidding documents, the procuring entity shall ensure
equal access to information. Prior to their official release to prospective bidders, no aspect
of the bidding documents shall be divulged or released to any prospective bidder or person
having direct or indirect interest in the project to be procured, or to any party, except those
officially authorized in the handling of the documents.
RULE VII – INVITATION TO BID
Section 20. Pre-procurement Conference
20.1. Prior to the advertisement or the issuance of the Invitation to Apply for Eligibility
and to Bid for each procurement undertaken through a public bidding, the BAC,
through its Secretariat, shall call for a pre-procurement conference. The preprocurement
conference shall be attended by the BAC, the Secretariat, the unit
or officials, including consultants hired by the procuring entity who prepared the
technical plans, technical specifications, TORs, bidding documents and the draft
advertisement, as the case may be, for each procurement, as well as those who
separately reviewed these documents prior to final approval, if any. During this
conference, the participants, led by the BAC, shall:
1. Ensure that the procurement is in accordance with the project and annual
procurement plans;
2. Determine the readiness of the procurement at hand, including, among
other aspects, confirmation of the availability of ROW, the ownership of affected
properties, availability of appropriations and programmed budget for contract,
and adherence of bidding documents, technical plans, specifications, scope of
work, and/or TOR, and other related matters, to relevant general procurement
guidelines;
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3. Review, modify and agree on the criteria for eligibility screening to ensure
their fairness, reasonableness and that they are of the “pass/fail” type and are
written in such manner;
4. Review, modify and agree on the criteria for the evaluation of
bids/proposals to ensure their fairness, reasonableness and applicability to the
procurement at hand;
5. Clarify that the specifications and other terms in the bidding documents are
minimum requirements and that the bidder may submit an offer which provides
for superior specifications and/or better terms and conditions to the Government
at no extra cost, without any bonus, credit or premium in the bid evaluation; and
6. Reiterate and emphasize the importance of confidentiality during the bid
evaluation process, and the applicable sanctions and penalties, as well as agree
on measures to ensure compliance with the foregoing.
20.2. The holding of a pre-procurement conference may not be required for small
procurements, i.e., procurement of goods costing two million pesos
(P2,000,000.00) and below, procurement of infrastructure projects costing five
million pesos (P5,000,000.00) and below, and procurement of consulting
services costing one million pesos (P1,000,000.00) and below.
Section 21. Advertising and Contents of the Invitation to Bid
21.1. Contents of the Invitation to Apply for Eligibility and to Bid
The Invitation to Apply for Eligibility and to Bid shall provide prospective bidders
the following information, among others:
1. For the procurement of:
a) Goods, the name of the contract to be bid and a brief description of the
goods to be procured;
b) Infrastructure projects, the name and location of the contract to be bid, the
project background and other relevant information regarding the proposed
contract works, including a brief description of the type, size, major items, and
other important or relevant features of the works; and
c) Consulting services, the name of the contract to be bid, a general
description of the project and other important or relevant information;
2. A general statement on the criteria to be used by the procuring entity for
the eligibility check, the short listing of prospective bidders, in the case of the
procurement of consulting services, the examination and evaluation of bids, and
post-qualification;
3. The date, time and place of the deadline for the submission and receipt of
the eligibility requirements, the pre-bid conference if any, the submission and
receipt of bids, and the opening of bids;
4. The approved budget for the contract to be bid;
5. The source of funding;
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6. The period of availability of the bidding documents, the place where the
bidding documents may be secured and, where applicable, the price of the
bidding documents;
7. The contract duration or delivery schedule;
8. The name, address, telephone number, facsimile number, e-mail and
website addresses of the concerned procuring entity, as well as its designated
contact person; and
9. Such other necessary information deemed relevant by the procuring entity.
21.2. Advertising and Posting of the Invitation to Apply for Eligibility and to Bid
21.2.1. Except as otherwise provided in Sections 21.2.3 and 21.2.4 of this IRR-A
and for the procurement of common-use goods and supplies, the Invitation to
Apply for Eligibility and to Bid shall be:
a) Advertised at least twice within a maximum period of fourteen (14)
calendar days, with a minimum period of six (6) calendar days in between
publications, in a newspaper of general nationwide circulation which has
been regularly published for at least two (2) years before the date of issue of
the advertisement;
b) Posted continuously in the website of the procuring entity concerned, if
available, the website of the procuring entity’s service provider, if any, as
provided in Section 8 of this IRR-A, and the G-EPS during the maximum
period of fourteen (14) calendar days stated above; and
c) Posted at any conspicuous place reserved for this purpose in the
premises of the procuring entity concerned, as certified by the head of the
BAC Secretariat of the procuring entity concerned.
21.2.2. The following periods from the last day of the period for advertising and/or
posting of the Invitation to Apply for Eligibility and to Bid up to the opening of
bids shall be observed:
(i) For goods, a maximum period of thirty (30) calendar days from the last
day of the period of advertising and/or posting of the Invitation to Apply for
Eligibility and to Bid up to opening of bids.
(ii) For infrastructure projects, the bidding documents shall be issued
within thirty (30) calendar days from the last day of the period of advertising
and/or posting of the Invitation to Apply for Eligibility and to Bid, and the
opening of bids shall be conducted within the following periods from the last
day of the issuance of the bidding documents:
Estimated Contract Cost
(in pesos)
Period
Up to twenty five (25) million 15 to 30 calendar days
Above twenty five (25) million up to fifty
(50) million
15 to 45 calendar days
Above fifty (50) million up to two hundred
(200) million
30 to 60 calendar days
Above two hundred (200) million 60 to 90 calendar days
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In case of simple or repetitive or standardized works where time is of the
essence, the head of the procuring entity may reduce the above term of
issuance to not less than fifty percent (50%) of the periods indicated above:
Provided, however, That the periods for conducting eligibility check, pre-bid
conference and the issuance of bidding documents shall be followed.
(iii) For consulting services, a maximum period of ninety (90) calendar
days from the last day of the period of advertising and/or posting of the
Invitation to Apply for Eligibility and to Bid up to the opening of bids.
With respect to priority programs and infrastructure projects funded out of the
annual GAA which are intended for implementation within the province, the
procuring entity may, in addition to the requirements specified in this Section,
publish the Invitation to Apply for Eligibility and to Bid in a local newspaper of
general circulation within the respective periods stated in this Section.
21.2.3. For contracts to be bid with an ABC costing two million pesos
(P2,000,000.00) and below for the procurement of goods, and five million
pesos (P5,000,000.00) and below for the procurement of infrastructure
projects, the Invitation to Apply for Eligibility and to Bid shall be posted at
least in the website of the procuring entity concerned, if available, the
website of the procuring entity’s service provider, if any, as provided in
Section 8 of this IRR-A, the G-EPS, and posted at any conspicuous place
reserved for this purpose in the premises of the procuring entity concerned,
as certified by the head of the BAC Secretariat of the procuring entity
concerned, during the same period as above. For projects/contracts for
consulting services with an ABC costing one million pesos (P1,000,000.00)
and below and/or those whose duration is four (4) months or less, the
Invitation to Apply for Eligibility and to Bid shall be posted at least in the
website of the procuring entity concerned, if available, the website of the
procuring entity’s service provider, if any, as provided in Section 8 of this
IRR-A, the G-EPS, and posted at any conspicuous place reserved for this
purpose in the premises of the procuring entity concerned, as certified by the
head of the BAC Secretariat of the procuring entity concerned, during the
same period as above.
21.2.4. For alternative methods of procurement as provided for in Rule XVI of this
IRR-A, advertisement in a newspaper as required in this Section may be
dispensed with: Provided, however, That posting shall be made in the
website of the procuring entity concerned, if available, the G-EPS, and
posted at any conspicuous place reserved for this purpose in the premises of
the procuring entity concerned, as certified by the head of the BAC
Secretariat of the procuring entity concerned, during the same period as
above.
21.3. LOI for the Procurement of Infrastructure Projects and Consulting Services
21.3.1. For the procurement of infrastructure projects and consulting services, the
interested party shall submit a written LOI together with its application for
eligibility, which must be received by the BAC not later than seven (7)
calendar days after the last day of the period for advertising and/or posting of
the Invitation to Apply for Eligibility and to Bid provided in Section 21.2 of this
IRR-A.
21.3.2. A contractor or consultant that is duly registered and that maintains its
registration current and updated in the G-EPS electronic registry, or a
Implementing Rules and Regulations of Republic Act No. 9184
24
procuring entity’s electronic registry already existing upon the effectivity of
the Act and that allows electronic submission and/or recording/entry of
eligibility requirements simultaneously with registration, may simply submit
its LOI for the contract to be bid: Provided, however, That its registration is
proper and relevant for the particular contract to be bid: Provided, further,
That the eligibility of the contractor or consultant to participate in the bidding
shall still be determined by the BAC through the conduct of an eligibility
check, electronically or otherwise.
Section 22. Pre-bid Conference
22.1. For contracts to be bid with an approved budget of one million pesos
(P1,000,000.00) or more, the BAC shall convene at least one (1) pre-bid
conference to clarify and/or explain any of the requirements, terms, conditions
and specifications stipulated in the bidding documents. For contracts to be bid
costing less than one million pesos (P1,000,000.00), pre-bid conferences may
be conducted at the discretion of the BAC. Subject to the approval of the BAC,
a pre-bid conference may also be conducted upon written request of any
prospective bidder.
22.2. The pre-bid conference shall be held at least twelve (12) calendar days before
the deadline for the submission and receipt of bids. However, attendance of the
bidders shall not be mandatory.
22.3. The pre-bid conference shall discuss, among other things, the technical and
financial components of the contract to be bid, and, for the procurement of
goods, the eligibility requirements. The minutes of the pre-bid conference shall
be recorded and made available to all participants not later than three (3)
calendar days after the pre-bid conference.
22.4. Any statement made at the pre-bid conference shall not modify the terms of the
bidding documents, unless such statement is specifically identified in writing as
an amendment thereto and issued as a Supplemental/Bid Bulletin.
22.5. Supplemental/Bid Bulletins
22.5.1. Requests for clarification(s) on any part of the bidding documents or for an
interpretation must be in writing and submitted to the BAC of the procuring
entity concerned at least ten (10) calendar days before the deadline set for
the submission and receipt of bids. The BAC shall respond to the said
request by issuing a Supplemental/Bid Bulletin, duly signed by the BAC
chairman, to be made available to all those who have properly secured the
bidding documents from the procuring entity, at least seven (7) calendar
days before the deadline for the submission and receipt of bids. It shall be
the responsibility of all those who have properly secured the bidding
documents to inquire and secure Supplemental/Bid Bulletins that may be
issued by the BAC.
22.5.2. Supplemental/Bid Bulletins may be issued upon the procuring entity’s
initiative for purposes of clarifying or modifying any provision of the bidding
documents not later than seven (7) calendar days before the deadline for the
submission and receipt of bids. Any modification to the bidding documents
shall be identified as an amendment. Bidders who have submitted bids
before the issuance of the Supplemental/Bid Bulletin must be informed and
allowed to modify or withdraw their bids in accordance with Section 26.1 of
this IRR-A.
Implementing Rules and Regulations of Republic Act No. 9184
25
22.5.3. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the
website of the procuring entity concerned, if available, and on the G-EPS.
RULE VIII – RECEIPT AND OPENING OF BIDS
Section 23. Eligibility Requirements for the Procurement of Goods and
Infrastructure Projects
23.1. The eligibility requirements or statements shall be submitted to the BAC in the
form prescribed in Section 23.6 of this IRR-A and in the Instructions to Bidders,
in a sealed eligibility envelope duly marked as such: Provided, however, That
the minimum requirements provided for in this IRR-A shall be complied with.
The eligibility envelopes of prospective bidders for the procurement of goods
shall be submitted, together with the technical and financial envelopes, on or
before the deadline specified in the Instructions to Bidders, and shall be opened
on the date of the bid opening to determine eligibility of each of the prospective
bidders. The eligibility envelopes of prospective bidders for the procurement of
infrastructure projects shall be submitted on or before the deadline specified in
the Invitation to Apply for Eligibility and to Bid, and shall be opened before the
dates of the pre-bid conference and bid opening to determine eligibility of
prospective bidders, who shall then be allowed to acquire or purchase the
relevant bidding documents from the procuring entity.
23.2. In relation to Section 25 on submission and receipt of bids, and subject to the
provisions of Section 21.3 of this IRR-A, the BAC shall determine if each
prospective bidder is eligible to participate in the bidding by examining the
completeness of each prospective bidder’s eligibility requirements or statements
against a checklist of requirements, using a non-discretionary “pass/fail” criteria,
as stated in the Invitation to Apply for Eligibility and to Bid, and shall be
determined as either “eligible” or “ineligible.” If a prospective bidder submits the
specific eligibility document required, it shall be rated “passed” for that particular
requirement. In this regard, failure to submit a requirement, or an incomplete or
patently insufficient submission, shall be considered “failed” for the particular
eligibility requirement concerned. If a prospective bidder is rated “passed” for all
the eligibility requirements, it shall be considered eligible to participate in the
bidding, and the BAC shall mark the set of eligibility documents of the
prospective bidder concerned as “eligible.” If a prospective bidder is rated
“failed” in any of the eligibility requirements, it shall be considered ineligible to
participate in the bidding, and the BAC shall mark the set of eligibility documents
of the prospective bidder concerned as “ineligible.” In either case, the markings
shall be countersigned by the BAC chairperson or duly designated authority.
23.3. The BAC shall inform an eligible prospective bidder that it has been found
eligible to participate in the bidding. On the other hand, the BAC shall inform an
ineligible prospective bidder that it has been found ineligible to participate in the
bidding, and the grounds for its ineligibility. Those found ineligible have seven
(7) calendar days upon written notice or, if present at the time of opening of
eligibility requirements, upon verbal notification, within which to file a request for
a reconsideration with the BAC: Provided, however, That the BAC shall decide
on the request for reconsideration within seven (7) calendar days from receipt
thereof. The BAC may request a prospective bidder to clarify its eligibility
documents, if it is deemed necessary. The BAC shall not be allowed to receive,
hold and/or open the bids of ineligible prospective bidders: Provided, however,
That if an ineligible prospective bidder signifies his intent to file a motion for
Implementing Rules and Regulations of Republic Act No. 9184
26
reconsideration, the BAC shall hold the eligibility documents of the said ineligible
prospective bidder until such time that the motion for reconsideration has been
resolved. Furthermore, for procurement of goods, the BAC shall hold the bid of
the said ineligible prospective bidder unopened and duly sealed until such time
that the motion for reconsideration has been resolved.
23.4. Notwithstanding the eligibility of a prospective bidder, the procuring entity
concerned reserves the right to review its qualifications at any stage of the
procurement process if it has reasonable grounds to believe that a
misrepresentation has been made by the said prospective bidder, or that there
has been a change in the prospective bidder’s capability to undertake the project
from the time it submitted its eligibility requirements. Should such review
uncover any misrepresentation made in the eligibility requirements, statements
or documents, or any changes in the situation of the prospective bidder which
will affect the capability of the bidder to undertake the project so that it fails the
preset eligibility criteria, the procuring entity shall consider the said prospective
bidder as ineligible and shall disqualify it from submitting a bid or from obtaining
an award or contract, in accordance with Rules XXI, XXII, and XXIII of this IRRA.
23.5. To further enhance the capability, experience and professionalism of the Armed
Forces of the Philippines (AFP) Corps of Engineers, and in the interest of
economy and efficiency, the AFP, subject to the approval of the Secretary of
National Defense, may undertake, by administration, infrastructure projects
funded out of the Department of National Defense (DND) appropriations and the
proceeds of the disposition of military camps/stations under Republic Act No.
7227 which are intended for the replication of AFP facilities affected by such
disposition; Provided, however, That:
23.5.1. The civilian labor component for the project shall not be more than sixty
percent (60%), and, as far as practicable, shall be sourced from the project
locality; and
23.5.2. The procurement of supply requirements for the project shall be subject to
the provisions of the Act and this IRR-A.
23.6. Eligibility Check for the Procurement of Goods and Infrastructure Projects
The determination of eligibility shall be based on the submission of the following
documents to the BAC, utilizing the forms prepared by the BAC and using the
criteria stated in Section 23.11 of this IRR-A:
1. Class “A” Documents -
Legal Documents
a) Department of Trade and Industry (DTI) business name registration or
SEC registration certificate, whichever may be appropriate under
existing laws of the Philippines;
b) Valid and current Mayor’s permit/municipal license;
c) Taxpayer’s Identification Number;
d) Statement of the prospective bidder that it is not “blacklisted” or barred
from bidding by the Government or any of its agencies, offices,
Implementing Rules and Regulations of Republic Act No. 9184
27
corporations or LGUs, including non-inclusion in the Consolidated
Blacklisting Report issued by the GPPB, once released in accordance
with the guidelines to be issued by the GPPB as provided in Section
69.4 of this IRR-A;
e) Other appropriate licenses as may be required by the procuring entity
concerned;
Technical Documents
f) Statement of the prospective bidder of all its ongoing and completed
government and private contracts within the relevant period, where
applicable, including contracts awarded but not yet started, if any. The
statement shall state for each contract whether said contract is:
f.1. Ongoing, Completed or Awarded but not yet started: within the
relevant period, where applicable. The statement shall include, for each
contract, the following:
f.1.1. For the procurement of goods:
(i) the name of the contract;
(ii) date of the contract;
(iii) kinds of goods sold;
(iv) amount of contract and value of outstanding contracts;
(v) date of delivery;
(vi) end user’s acceptance, if completed; and
(vii) specification whether prospective bidder is a
manufacturer, supplier or distributor; or
f.1.2. For the procurement of infrastructure projects:
(i) the name of the contract;
(ii) date of award of the contract;
(iii) contract duration;
(iv) owner’s name and address;
(v) nature of work;
(vi) contractor’s role (whether sole contractor, subcontractor,
or partner in a joint venture);
(vii) total contract value at award;
(viii) date of completion or estimated completion time;
(ix) total contract value at completion, if applicable;
(x) percentages of planned and actual accomplishments, if
applicable;
(xi) value of outstanding works, if applicable;
(xii) the statement shall be supported by the notices of
award and/or notices to proceed issued by the owners;
and
(xiii) the statement shall be supported by the Contractor’s
Performance Evaluation System (CPES) rating sheets,
and/or certificates of completion and owner’s
acceptance, if applicable.
f.2. Similar or not similar in nature and complexity to the contract to be
bid.
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g) In the case of procurement of infrastructure projects, a valid Philippine
Contractors Accreditation Board (PCAB) license and registration for the
type and cost of the contract to be bid;
h) In the case of procurement of infrastructure projects, the prospective
bidder’s statement of:
h.1. Availability of the prospective bidder’s key personnel, such as
project managers, project engineers, materials engineers and foremen,
that may be used for construction contracts; and
h.2. Availability of equipment that he owns, has under lease, and/or
has under purchase agreements, that may be used for construction
contracts, provided that ownership of equipment is not a requisite for
eligibility;
Financial Documents
i) The prospective bidder’s audited financial statements, stamped
“received” by the BIR or its duly accredited and authorized institutions,
for the immediately preceding calendar year, showing, among others,
the prospective bidder’s total and current assets and liabilities; and
j) The prospective bidder’s computation for its Net Financial Contracting
Capacity (NFCC) which shall be in accordance with Section 23.11 of
this IRR-A; or a commitment from a licensed bank to extend to it a credit
line if awarded the contract to be bid, or a cash deposit certificate, in an
amount not lower than that set by the procuring entity in the Bidding
Documents, which shall be at least equal to ten percent (10%) of the
approved budget for the contract to be bid.
To facilitate eligibility checking, the BAC of a procuring entity may maintain a file
of the foregoing Class “A” documents submitted by manufacturers, suppliers,
distributors and contractors for non-common goods and/or for infrastructure
projects, as may be applicable. When such file is required by the procuring
entity, a manufacturer, supplier, distributor or contractor who wishes to
participate in a public bidding for non-common goods and/or infrastructure
projects should maintain this file current and updated at least once a year, or
more frequently when needed. A manufacturer, supplier, distributor or
contractor who maintains a current and updated file of his Class “A” documents
will be issued a certification by the BAC to that effect, which certification may be
submitted to the procuring entity concerned in lieu of the foregoing Class “A”
documents.
2. Class “B” Documents –
a) Valid joint venture agreement, in case of a joint venture; and
b) Letter authorizing the BAC or its duly authorized representative/s to
verify any or all of the documents submitted for the eligibility check.
23.7. In the case of foreign manufacturers, suppliers, distributors and contractors, the
eligibility requirements for items (a), (b), (c), (d), (e), and (i) under Class “A”
Documents may be substituted by the appropriate equivalent documents issued
by the country of the foreign manufacturer, supplier, distributor or contractor
Implementing Rules and Regulations of Republic Act No. 9184
29
concerned, which documents must be duly acknowledged or authenticated by
the Philippine Consulate therein.
23.8. The prospective bidder or its duly authorized representative shall certify under
oath that each of the documents submitted in satisfaction of the eligibility
requirements is an authentic and original copy, or a true and faithful reproduction
or copy of the original, complete, and that all statements and information
provided therein are true and correct.
23.9. A prospective bidder may be allowed to submit his eligibility requirements
electronically in accordance with Section 8.5 of this IRR-A: Provided, however,
That said prospective bidder shall submit the certification required in the
immediately preceding subsection to the BAC at least seven (7) calendar days
before the deadline for the submission and opening of the eligibility envelopes.
23.10. The entire process of eligibility check for the procurement of infrastructure
projects shall not exceed fifteen (15) calendar days.
23.11. Eligibility Criteria
23.11.1. For the procurement of goods:
1. The following manufacturers, suppliers and/or distributors shall be
eligible to participate in the bidding for the supply of goods:
a) Duly licensed Filipino citizens/sole proprietorships;
b) Partnerships duly organized under the laws of the Philippines and of
which at least sixty percent (60%) of the interest belongs to citizens
of the Philippines;
c) Corporations duly organized under the laws of the Philippines, and
of which at least sixty percent (60%) of the outstanding capital stock
belongs to citizens of the Philippines;
d) Manufacturers, suppliers and/or distributors forming themselves into
a joint venture, i.e., a group of two (2) or more manufacturers,
suppliers and/or distributors that intend to be jointly and severally
responsible or liable for a particular contract: Provided, however,
That Filipino ownership or interest of the joint venture concerned
shall be at least sixty percent (60%); or
e) Cooperatives duly registered with the Cooperatives Development
Authority (CDA).
However, when the goods sought to be procured are not available from local
sources, as provided in this Section, at the prescribed minimum
specifications of the appropriate Government authority and/or ABC of the
procuring entity, as certified by the head of the procuring entity, or when
there is a need to prevent situations that defeat competition or restrain trade,
the said procuring entity may invite foreign suppliers, manufacturers and/or
distributors to participate in the procurement of the said goods. The GPPB
shall promulgate the necessary guidelines for this provision.
2. The value of the prospective bidder’s largest single contract, adjusted
to current prices using the wholesale consumer price index, completed within
Implementing Rules and Regulations of Republic Act No. 9184
30
the period specified in the Invitation to Apply for Eligibility and to Bid, and
similar to the contract to be bid, must be at least fifty percent (50%) of the
approved budget for the contract to be bid.
For the procurement of goods, a contract shall be considered “similar” to the
contract to be bid if it involves goods or related services of the same nature
and complexity as those which are the subject of the public bidding
concerned.
3. The prospective bidder must present a commitment from a licensed
bank to extend to it a credit line if awarded the contract to be bid, or a cash
deposit certificate, in an amount not lower than that set by the procuring
entity in the Bidding Documents, which shall be at least equal to ten percent
(10%) of the approved budget for the contract to be bid; or must have a
NFCC at least equal to the approved budget for the contract to be bid,
calculated as follows:
NFCC = [(Current assets minus current liabilities) (K)] minus the value of
all outstanding projects under ongoing contracts, including awarded
contracts yet to be started.
Where:
K = 10 for a contract duration of one year or less, 15 for a contract
duration of more than one year up to two years, and 20 for a contract
duration of more than two years.
23.11.2. For the procurement of infrastructure projects:
1. The following persons/entities shall be allowed to participate in the
bidding for infrastructure projects:
a) Duly licensed Filipino citizens/sole proprietorships;
b) Partnerships duly organized under the laws of the Philippines and of
which at least seventy-five percent (75%) of the interest belongs to
citizens of the Philippines;
c) Corporations duly organized under the laws of the Philippines, and
of which at least seventy-five percent (75%) of the outstanding
capital stock belongs to citizens of the Philippines;
d) Persons/entities forming themselves into a joint venture, i.e., a group
of two (2) or more persons/entities that intend to be jointly and
severally responsible or liable for a particular contract: Provided,
however, That, in accordance with Letter of Instructions No. 630
(LOI 630), Filipino ownership or interest of the joint venture
concerned shall be at least seventy-five percent (75%): Provided,
further, That joint ventures in which Filipino ownership or interest is
less than seventy-five percent (75%) may be eligible where the
structures to be built require the application of techniques and/or
technologies which are not adequately possessed by a person/entity
meeting the seventy-five percent (75%) Filipino ownership
requirement: Provided, finally, That in the latter case, Filipino
ownership or interest shall not be less than twenty-five percent
(25%). For this purpose, Filipino ownership or interest shall be
Implementing Rules and Regulations of Republic Act No. 9184
31
based on the contributions of each of the members of the joint
venture as specified in their Joint Venture Agreement (JVA); or
e) Cooperatives duly registered with CDA.
2. In accordance with the principles of the Act on the conduct of an open
competitive bidding, the persons/entities enumerated in item (1) of this
Subsection may participate in a public bidding: Provided, however, That he
may only engage in the constructing business or individually act in the
capacity of a contractor for the project involved if he has been issued a
license by the PCAB to so engage or act. For purposes of this IRR-A, the
term “contractor” refers to any person, partnership, corporation, or other
juridical entity duly licensed by the PCAB.
3. The value of the prospective bidder’s largest single completed contract,
adjusted to current prices using the National Statistics Office consumer price
indices available at the G-EPS website, and similar to the contract to be bid,
must be at least fifty percent (50%) of the approved budget for the contract to
be bid: Provided, however, That in the case of a contractor under Small A
and Small B categories without similar experience on the contract to be bid,
he may be allowed to bid if the cost of such contract is not more than fifty
percent (50%) of the allowable range of contract cost of his registration. The
allowable range of contract cost per PCAB registration of contractor shall be:
Registration Particular
Category Allowable Range of Contract Cost
(in Million Pesos)
Small A Up to 0.5
Small B Up to 3
Medium A Up to 15
Medium B Up to 30
Large A Up to 50
Large B Less than or above 50
For the procurement of infrastructure projects, a contract shall be considered
“similar” to the contract to be bid if it has the same major categories of work,
such as bridges and fly-overs.
4. The CPES rating and/or certificate of completion and owner’s
acceptance of the contract must be satisfactory.
5. The prospective bidder must present a commitment from a licensed
bank to extend to it a credit line if awarded the contract to be bid, or a cash
deposit certificate, in an amount not lower than that set by the procuring
entity in the Bidding Documents, which shall be at least equal to ten percent
(10%) of the approved budget for the contract to be bid; or must have a
NFCC at least equal to the approved budget for the contract to be bid,
calculated as follows:
NFCC = [(Current assets minus current liabilities) multiplied by (K)] minus
the value of all outstanding works or projects under ongoing contracts,
including awarded contracts yet to be started.
Where:
Implementing Rules and Regulations of Republic Act No. 9184
32
K = 10 for a contract duration of one year or less, 15 for a contract
duration of more than one year up to two years, and 20 for a contract
duration of more than two years.
23.11.3. Only an eligible bidder as defined and determined in accordance with this
IRR-A may participate in the bidding.
Section 24. Eligibility Requirements and Short Listing for Consulting Services
24.1. Definition
A natural or juridical person, qualified by appropriate education, training and
relevant experience to render any or all of the types and fields of consulting
services as defined in this IRR-A, shall be considered as a “Consultant,” subject
to the requirements provided in this IRR-A for eligibility check and postqualification.
A consultant may either be:
1. A Filipino Consultant. A Filipino consultant may be an individual, sole
proprietorship, partnership, corporation or a joint venture satisfying the definition
of a consultant under this IRR-A and the following requirements:
a) Individual –
a.1. He must be a citizen of the Philippines; and
a.2. When the types and fields of consulting services in which he wishes
to engage involve professions regulated by the laws of the Philippines,
he must be a registered professional authorized by the appropriate
regulatory body to practice those professions and allied professions.
b) Sole Proprietorship –
b.1. The owner of the sole proprietorship must be a citizen of the
Philippines;
b.2. The sole proprietorship firm must be registered with and authorized
by the Bureau of Domestic Trade; and
b.3. When the types and fields of consulting services in which the sole
proprietorship wishes to engage involve professions regulated by laws
of the Philippines, the owner and key staff of the sole proprietorship
must be registered professionals authorized by the appropriate
regulatory body to practice those professions and allied professions.
c) Partnership –
c.1. At least sixty percent (60%) of the partnership’s interest must be
owned by citizens of the Philippines;
c.2. The partnership firm must be registered with and authorized by
the SEC to engage in the particular type of consulting service(s); and
c.3. When the types and fields of consulting services in which the
partnership firm wishes to engage involve professions regulated by laws
of the Philippines, all the partners of the professional partnership firm
and those who will actually perform the services shall be Filipino citizens
Implementing Rules and Regulations of Republic Act No. 9184
33
and registered professionals authorized by the appropriate regulatory
body to practice those professions and allied professions.
d) Corporation –
d.1. At least sixty percent (60%) of the outstanding capital stock must
be owned by citizens of the Philippines;
d.2. The corporation must be registered with and authorized by the
SEC and whose primary purpose is to engage in the particular type of
consulting service(s) involved; and
d.3. When the types and fields of consulting services in which the
corporation wishes to engage involve the practice of professions
regulated by law, all the stockholders and directors of the corporation
and those who will actually perform the services shall be Filipino citizens
and registered professionals authorized by the appropriate regulatory
body to practice those professions and allied professions: Provided,
however, That the relevant laws allow corporations to engage in the said
services.
e) Joint Venture –
Joint ventures among Filipino consultants and among Filipino and
foreign consultants may be allowed if such results in better quality of
consultancy subject to pertinent laws and the relevant provisions of this
IRR-A. The joint venture shall be jointly and severally responsible for
the obligations and the civil liabilities arising from the consulting
services: Provided, however, That Filipino ownership or interest thereof
shall be at least sixty percent (60%): Provided, further, That when the
types and fields of consulting services in which the joint venture wishes
to engage involve the practice of professions regulated by law, all
members of the joint venture, and all the partners or stockholders and
directors of each member, as the case may be, as well as all those who
will actually perform the services shall be Filipino citizens and registered
professionals authorized by the appropriate regulatory body to practice
those professions and allied professions: Provided, finally, That, in case
of corporations, the relevant laws allow corporations to engage in the
said services. For this purpose, Filipino ownership or interest shall be
based on the contributions of each of the members of the joint venture
as specified in their JVA.
2. A Foreign Consultant. A foreign consultant may be an individual, sole
proprietorship, partnership, corporation or joint venture satisfying the definition of
a consultant under this IRR-A, but not meeting the citizenship, ownership,
interest and/or registration/authorization requirements for a Filipino consultant
under this IRR-A. To qualify for hiring for consulting services, the foreign
consultant must satisfy the following minimum requirements:
a) The foreign consultant must be registered with the SEC and/or any
agency authorized by the laws of the Philippines; and
b) When the types and fields of consulting services in which the foreign
consultant wishes to engage involve the practice of regulated
professions, the foreign consultant must be authorized by the
appropriate Philippine Government professional regulatory body to
Implementing Rules and Regulations of Republic Act No. 9184
34
engage in the practice of those professions and allied professions:
Provided, however, That the limits of such authority shall be strictly
observed.
Should a foreign consultant be considered for award, any registration, license or
authority required under this provision shall be submitted by the said consultant
prior to award of contract.
24.2. Types of Consulting Services
The services to be provided by consultants can be divided into six (6) broad
categories as follows:
1. Advisory and Review Services;
2. Pre-Investment or Feasibility Studies;
3. Design;
4. Construction Supervision;
5. Management and Related Services; and
6. Other Technical Services or Special Studies.
A detailed definition and description of these services are provided for in Annex
“B” of this IRR-A.
24.3. The Need for Consultants
The services of consultants may be engaged by any procuring entity for
government projects or related activities of such magnitude and/or scope as
would require a level of expertise or attention beyond the optimum in-house
capability of the procuring entity concerned and consistent with the
Government’s policy not to compete with the private sector.
24.4. Independence of Consultants
To ensure the consultant’s professional independence, integrity and objectivity,
consultants, as well as key staff working for the consulting entity, who may be
directly or indirectly associated with non-consulting firms that may have an
interest in or bias towards the project concerned, shall be selected only if they
agree to limit their role to that of consultants and will disqualify themselves and
their affiliates for bidding for products and services of the same government
project.
24.5. Hiring of Consultants
24.5.1. Consultants shall be hired on the basis of their proven expertise, experience
and capability. Under certain conditions provided herein, cost may be
included as a factor in the selection of consultants.
24.5.2. In order to manifest trust and confidence in and promote the development of
Filipino consultancy, Filipino consultants shall be hired whenever the
services required for the project are within the expertise and capability of
Filipino consultants: Provided, however, That in the event Filipino
consultants do not have the sufficient expertise and capability to render the
services required under the project, as determined by the head of the
procuring entity, foreign consultants may be hired.
Implementing Rules and Regulations of Republic Act No. 9184
35
24.5.3. In the hiring of foreign consultants, all pertinent laws and regulations of the
Philippines shall be followed.
24.5.4. Technology and knowledge transfer to the procuring entity shall be required
in the provision of consulting services, where applicable.
24.6. Organization of Consultants
24.6.1. The umbrella organization of consultants recognized by the Government
shall be composed of the various organizations of consultants that may be
engaged by the Government under this IRR-A and shall accredit its
members on the types of services and fields of professions where the
members are technically and financially qualified to offer their services. The
umbrella organization shall prepare and certify a list of fields and expertise in
such fields available with the names of the accredited local consultants
which shall be updated annually or as often as necessary and disseminate
such list to concerned agencies of the Government. It shall likewise police
its members for the development of the industry. The Government may
consult and deal with this umbrella organization on matters relating to the
industry. The GPPB shall be the appropriate government body that shall
recognize the consultants’ umbrella organization.
24.6.2. The umbrella organization may submit its files of accredited consultants to
the BAC of the procuring entity in accordance with the form prescribed by the
BAC which can serve as registration of the consultants under the next
succeeding Subsection: Provided, however, That each such accredited
consultant shall comply with the eligibility requirements provided in this IRRA.
Such qualification statements, together with the list of accredited
consultants prepared in accordance with the immediately preceding section,
shall guide the BAC in determining the fields where Filipino consultants are
already qualified and capable and where foreign consultants may not be
required.
24.7. Eligibility Check for the Procurement of Consulting Services
24.7.1. The determination of eligibility shall be based on the submission of the
following documents to the BAC, utilizing the forms prepared by the BAC:
1. Class “A” Documents –
Legal Documents
a) DTI business name registration or SEC registration certificate,
whichever may be appropriate under existing laws of the Philippines,
if applicable;
b) Valid and current Mayor’s permit/municipal license, if applicable;
c) Taxpayer’s Identification Number;
d) Statement of the prospective bidder that it is not “blacklisted” or
barred from bidding by the Government or any of its agencies,
offices, corporations or LGUs, including non-inclusion in the
Consolidated Blacklisting Report issued by the GPPB, once released
in accordance with the guidelines to be issued by the GPPB as
provided in Section 69.4 of this IRR-A;
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36
e) Other appropriate licenses as may be required by the procuring entity
concerned;
Technical Documents
f) Statement of the prospective bidder of all its ongoing and completed
government and private contracts within the period specified in the
Invitation to Apply for Eligibility and to Bid including contracts
awarded but not yet started, if any. The statement shall include, for
each contract, the following:
f.1. the name and location of the contract/project;
f.2. date of the contract;
f.3. type of consulting service;
f.4. amount of contract;
f.5. contract duration; and
f.6. certificate of satisfactory completion issued by the client, in the
case of a completed contract.
g) The types and number of equipment that the consultant owns, has
under lease, and/or has under purchase agreements, if any;
h) If the consultant is a juridical entity, the consultant’s statement:
h.1. Of the kinds and number of its ownership and key staff,
partners or principal officers, as the case may be, as well as their
respective curriculum vitae;
h.2. That, when the types and fields of consulting services in
which the entity wishes to engage involve professions regulated by
the laws of the Philippines, the owner and key staff, and all the
partners of the professional partnership firm, as the case may be, and
those who will actually perform the service, are registered
professionals authorized by the appropriate regulatory body to
practice those professions and allied professions, in accordance with
the provisions of this IRR-A; and
h.3. On the prospective bidder’s technical competence,
experience and staff capabilities.
i) If the consultant is an individual, the consultant’s statement:
i.1. Of his citizenship; and
i.2. When the types and fields of consulting services in which he
wishes to engage involve professions regulated by the laws of the
Philippines, he is a registered professional authorized by the
appropriate regulatory body to practice those professions and allied
professions.
Financial Document
j) The consultant’s audited financial statements, stamped “received” by
the BIR or its duly accredited and authorized institutions, for the
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immediately preceding calendar year, showing, among others, the
consultant’s total and current assets and liabilities.
To facilitate eligibility checking, the BAC of a procuring entity may maintain a
file of the foregoing Class “A” documents submitted by consultants. When
such file is required by the procuring entity, a consultant who wishes to
participate in a public bidding for consulting services should maintain this file
current and updated at least once a year, or more frequently when needed.
A consultant who maintains a current and updated file of his Class “A”
documents will be issued a certification by the BAC to that effect, which
certification may be submitted to the procuring entity concerned in lieu of the
foregoing Class “A” documents.
2. Class “B” Documents -
a) Valid joint venture agreement, in case of a joint venture; and
b) Letter authorizing the head of the procuring entity or his duly
authorized representative/s to verify any or all of the documents
submitted for the eligibility check.
24.8. In the case of foreign consultants, the eligibility requirements for items (a), (b),
(c), (d), (e) and (j) under Class “A” Documents may be substituted by the
appropriate equivalent documents issued by the foreign consultant’s country,
which documents must be duly acknowledged or authenticated by the Philippine
Consulate therein.
24.9. The consultant or his duly authorized representative shall certify under oath that
each of the documents submitted in satisfaction of the eligibility requirements is
an authentic and original copy, or a true and faithful reproduction or copy of the
original, complete, and that all statements and information provided therein are
true and correct.
24.10. The eligibility envelopes of prospective bidders for procurement of consulting
services shall be submitted on or before the deadline specified in the Invitation to
Apply for Eligibility and to Bid, and shall be opened before the dates of the prebid
conference and bid opening to determine eligibility of prospective bidders,
who shall then be allowed to acquire or purchase the relevant bidding documents
from the procuring entity.
A prospective bidder may be allowed to submit his eligibility requirements
electronically in accordance with Section 8.5 of this IRR-A: Provided, however,
That said prospective bidder shall submit the certification required in the
immediately preceding subsection to the BAC at least seven (7) calendar days
before the deadline for the submission and opening of the eligibility envelopes.
24.11. Subject to the short listing of consultants as provided in this IRR-A, the
determination of eligibility of consultants shall be based on the submission of the
above documents to the BAC, utilizing the forms prepared by the BAC.
24.12. Subject to the short listing of consultants as provided in this IRR-A, only an
eligible consultant as defined and determined in accordance with this IRR-A may
participate in the bidding and subsequently be awarded the contract being bid out
if his bid is found to be responsive in accordance with this IRR-A. The BAC shall
determine if each consultant is eligible to participate in a bidding by examining
each consultant’s eligibility requirements or statements against a checklist of
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38
requirements, using a non-discretionary “pass/fail” criteria, as stated in the
Invitation to Apply for Eligibility and to Bid and the Instructions to Bidders, and
shall be determined as either “eligible” or “ineligible.” If a consultant submits the
specific eligibility document required, he shall be rated “passed” for that particular
requirement. In this regard, failure to submit a requirement, or an incomplete or
patently insufficient submission, shall be considered “failed” for the particular
eligibility requirement concerned. If a consultant is rated “passed” for all the
eligibility requirements, he shall be considered eligible to participate in a bidding,
and the BAC shall mark the set of eligibility documents of the consultant
concerned as “eligible.” If a consultant is rated “failed” in any of the eligibility
requirements, he shall be considered ineligible to participate in a bidding, and the
BAC shall mark the set of eligibility documents of the consultant concerned as
“ineligible.” In either case, the markings shall be countersigned by the BAC
chairperson or duly designated authority.
24.13. The BAC shall inform an eligible consultant that he has been found eligible,
subject to the short listing of consultants as provided in this IRR-A. On the other
hand, the BAC shall inform an ineligible consultant that it has been found
ineligible to participate in the bidding, and the grounds for its ineligibility. Those
found ineligible have seven (7) calendar days upon written notice or, if present at
the time of bid opening, upon verbal notification, within which to file a request for
a reconsideration with the BAC: Provided, however, That the BAC shall decide on
the request for reconsideration within seven (7) calendar days from receipt
thereof. The BAC may request a prospective bidder to clarify its eligibility
documents, if it is deemed necessary. The BAC shall not be allowed to receive
bids of ineligible consultants. If an ineligible consultant signifies his intent to file a
motion for reconsideration, the BAC shall hold the eligibility documents of the said
ineligible consultant until such time that the motion for reconsideration has been
resolved.
24.14. Notwithstanding the eligibility of a consultant and/or inclusion in the short list of
consultants, the procuring entity concerned reserves the right to review his
qualifications at any stage of the procurement process if it has reasonable
grounds to believe that a misrepresentation has been made by the said
consultant, or that there has been a change in the consultant’s capability to
undertake the project from the time he submitted his eligibility requirements.
Should such review uncover any misrepresentation made in the eligibility
requirements, statements or documents, or any changes in the situation of the
consultant which will affect the capability of the consultant to undertake the
project so that the consultant fails the preset eligibility criteria, the procuring entity
shall consider the said consultant as ineligible and shall disqualify him from
submitting a bid or from obtaining an award or contract, in accordance with Rules
XXI, XXII, and XXIII of this IRR-A.
24.15. Short Listing of Prospective Bidders
24.15.1. With respect to a particular contract for consulting services to be bid, the
concerned procuring entity shall only consider for short listing those
consultants whose submitted contracts, as stated in the eligibility documents
submitted for registration, are similar in nature and complexity to the contract
to be bid, based on the Invitation to Apply for Eligibility and to Bid.
24.15.2. The BAC shall draw up the short list of consultants from those who have
been determined as eligible, and who have submitted their LOI, both in
accordance with the provisions of this IRR-A. The number of short list of
consultants, which shall be determined in the pre-procurement conference,
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39
shall consist of three (3) to seven (7) consultants, with five (5) as the
preferable number. Should less than the required number apply for eligibility
and short listing, pass the eligibility check, and/or pass the minimum score
required in the short listing, the BAC shall consider the same.
24.15.3. The BAC shall specify in the Invitation to Apply for Eligibility and to Bid the
set of criteria and rating system for short listing of consultants to be used for
the particular contract to be bid, which shall consider the following, among
others:
a) Applicable experience of the consultant and associates in case of joint
ventures, considering both the overall experiences of the firm and the
individual experiences of the principal and key staff including the times
when employed by other consultants;
b) Qualification of personnel who may be assigned to the job vis-à-vis
extent and complexity of the undertaking; and
c) Current workload relative to capacity.
24.15.4. The BAC shall recommend the short list of consultants to the head of the
procuring entity for consideration and approval. The entire process of
eligibility check and short listing shall not exceed thirty (30) calendar days.
Section 25. Submission and Receipt of Bids
25.1. Eligible bidders shall submit their bids through their authorized managing officer
or their duly authorized representative (i) in the prescribed Bid Form, including
its annexes, as specified in the bidding documents, (ii) on or before the specified
deadline, and (iii) in two (2) separate sealed bid envelopes, the first containing
the technical component of the bid, and the second containing the financial
component of the bid, with the name of the contract to be bid and the name of
the bidder in capital letters, addressed to the BAC of the agency concerned.
The bidder shall mark the two envelopes: “Do not open before (date and time of
opening of bids).” Both envelopes shall then be sealed in an outer envelope
which shall be addressed to the BAC and shall be marked as specified in the
Instructions to Bidders.
25.2. Bids submitted after the deadline shall not be accepted by the BAC.
25.3. The first envelope (Technical Proposal) shall contain the following technical
information/documents, at the least:
A. For the procurement of goods:
1. The Bid Security as to form, amount and validity period;
2. Authority of the signatory;
3. Production/delivery schedule;
4. Manpower requirements;
5. After-sales service/parts, if applicable;
6. Technical specifications;
7. Commitment from a licensed bank to extend to the bidder a credit line if
awarded the contract to be bid, or a cash deposit certificate, in an
amount not lower than that set by the procuring entity in the Bidding
Documents, which shall be at least equal to ten percent (10%) of the
approved budget for the contract to be bid: Provided, however, That if
Implementing Rules and Regulations of Republic Act No. 9184
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the bidder previously submitted this document as an eligibility
requirement, the said previously submitted document shall suffice;
8. Certificate from the bidder under oath of its compliance with existing
labor laws and standards, in the case of procurement of services; and
9 A sworn affidavit of compliance with the Disclosure Provision under
Section 47 of the Act in relation to other provisions of R.A. 3019; and
10. Other documents/materials as stated in the Instructions to Bidders.
B. For the procurement of infrastructure projects:
1. Bid Security as to form, amount and validity period;
2. Authority of the signing official;
3. Construction schedule and S-curve;
4. Manpower schedule;
5. Construction methods;
6. Organizational chart for the contract to be bid;
7. List of contractor’s personnel (viz., Project Manager, Project Engineers,
Materials Engineers, and Foremen), to be assigned to the contract to
be bid, with their complete qualification and experience data;
8. List of contractor’s equipment units, which are owned, leased, and/or
under purchase agreements, supported by certification of availability of
equipment from the equipment lessor/vendor for the duration of the
project ;
9. Equipment utilization schedule;
10. Affidavit of site inspection;
11. Commitment from a licensed bank to extend to the bidder a credit line if
awarded the contract to be bid, or a cash deposit certificate, in an
amount not lower than that set by the procuring entity in the Bidding
Documents, which shall be at least equal to ten percent (10%) of the
approved budget for the contract to be bid: Provided, however, That if
the bidder previously submitted this document as an eligibility
requirement, the said previously submitted document shall suffice;
12. Construction safety and health program of the contractor;
13. Certificate from the bidder under oath of its compliance with existing
labor laws and standards;
14. A sworn affidavit of compliance with the Disclosure Provision under
Section 47 of the Act in relation to other provisions of R.A. 3019; and
15. Documents/materials to comply with other non-discretionary criteria
and requirements as stated in the Instructions to Bidders.
C. For the procurement of consulting services:
1. The Bid Security as to form, amount and validity period;
2. Authority of the signatory;
3. Organizational chart for the contract to be bid;
4. List of completed and on-going projects;
5. Approach, work plan, and schedule: Provided, however, That for
architectural design, submission of architectural plans and designs
shall not be required during the consultant’s selection process;
6. List of key personnel to be assigned to the contract to be bid, with their
complete qualification and experience data;
7. Certificate from the bidder under oath of its compliance with existing
labor laws and standards;
8. A sworn affidavit of compliance with the Disclosure Provision under
Section 47 of the Act in relation to other provisions of R.A. 3019; and
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9. Other information and/or documents specified in the bidding
documents.
25.4. The second envelope (Financial Proposal) shall contain the following financial
information/documents, at the least:
A. For the procurement of goods:
1. Bid prices in the Bill of Quantities in the prescribed Bid Form; and
2. The recurring and the maintenance costs, if applicable.
B. For the procurement of infrastructure projects:
1. Bid prices in the Bill of Quantities in the prescribed Bid Form;
2. Detailed estimates including a summary sheet indicating the unit prices
of construction materials, labor rates and equipment rentals used in
coming up with the bid; and
3. Cash flow by the quarter and payments schedule.
C. For the procurement of consulting services, the information and/or
documents to be provided by the bidder shall be specified in the bidding
documents.
Section 26. Modification and Withdrawal of Bids
26.1. A bidder may modify its bid, provided that this is done before the deadline for the
submission and receipt of bids. Where a bidder modifies its bid, it shall not be
allowed to retrieve its original bid, but shall only be allowed to send another bid
equally sealed, properly identified, linked to its original bid and marked as a
“modification,” thereof, and stamped “received” by the BAC. Bid modifications
received after the applicable deadline shall not be considered and shall be
returned to the bidder unopened.
26.2. A bidder may, through a letter, withdraw its bid before the deadline for the
receipt of bids. Withdrawal of bids after the applicable deadline shall be subject
to appropriate sanctions as prescribed in this IRR-A. A bidder may also express
its intention not to participate in the bidding through a letter which should reach
and be stamped received by the BAC before the deadline for the receipt of bids.
A bidder that withdraws its bid shall not be permitted to submit another bid,
directly or indirectly, for the same contract.
Section 27. Bid Security
27.1. All bids shall be accompanied by a Bid Security, payable to the procuring entity
concerned as a guarantee that the successful bidder shall, within ten (10)
calendar days, or less as indicated in the Instructions to Bidders, from receipt of
the Notice of Award, enter into contract with the procuring entity and furnish the
performance security provided for in Section 39 of the Act and this IRR-A.
Failure to enclose the required Bid Security in the form and amount prescribed
herein shall automatically disqualify the bid concerned.
27.2. The Bid Security shall be in an amount at least equal to, and not lower than, a
percentage of the approved budget for the contract to be bid, as advertised by
the concerned procuring entity, in any of the following forms:
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42
a) Cash, certified check, cashier’s check/manager’s check, bank
draft/guarantee confirmed by a reputable local bank or in the case of a
foreign bidder, bonded by a foreign bank;
b) Irrevocable letter of credit issued by a reputable commercial bank or in the
case of an irrevocable letter of credit issued by a foreign bank, the same
shall be confirmed or authenticated by a reputable local bank;
c) Surety bond callable upon demand issued by a reputable surety or
insurance company;
d) Any combination thereof; or
e) Foreign government guarantee as provided in an executive, bilateral or
multilateral agreement, as may be required by the head of the procuring
entity concerned.
The required amount of the above forms of security shall be in accordance with
the following schedule:
Form of Security Minimum Amount in % of Approved
Budget for the Contract to be Bid
1. Cash, certified check, cashier’s
check, manager’s check, bank draft
or irrevocable letter of credit
One percent (1%)
2. Bank guarantee One and a half percent (1 ½%)
3. Surety bond Two and a half percent (2 ½%)
4. Foreign government guarantee One hundred percent (100%)
27.3. The required minimum bid security, based on the above schedule, shall be
stated in Philippine Pesos in the bidding documents.
27.4. No Bid Securities shall be returned to bidders after the opening of bids and
before contract signing, except to those that failed to comply with any of the
requirements to be submitted in the first bid envelope of the bid, as provided in
this IRR-A. Without prejudice to the provisions the Act and this IRR-A on the
forfeiture of Bid Securities, Bid Securities shall be returned only after the bidder
with the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid,
as the case may be, has signed the contract and furnished the Performance
Security, but in no case later than the expiration of the Bid Security validity
period indicated in the Instructions to Bidders.
Section 28. Bid Validity
Bids and Bid Securities shall be valid for a reasonable period as determined by the head of
the procuring entity concerned, and shall be indicated in the bidding documents, but in no
case shall exceed one hundred twenty (120) calendar days from the date of the opening of
bids.
Section 29. Bid Opening
The BAC shall open the bids at the time, date and place specified in the Invitation to Apply
for Eligibility and to Bid and the bidding documents. The bidders or their duly authorized
representatives may attend the opening of bids. All members of the BAC or their duly
authorized representatives who are present during bid opening, shall initial every page of the
original copies of all bids received and opened. The minutes of the bid opening shall be
Implementing Rules and Regulations of Republic Act No. 9184
43
made available to the public upon written request and payment of a specified fee to recover
cost of materials.
RULE IX – BID EVALUATION
Section 30. Preliminary Examination of Bids
30.1. The BAC shall open the first bid envelopes (Technical Proposals) of eligible
bidders in public to determine each bidder’s compliance with the documents
required to be submitted for the first component of the bid, as prescribed in this
IRR-A. For this purpose, the BAC shall check the submitted documents of each
bidder against a checklist of required documents to ascertain if they are all
present in the first bid envelope, using a non-discretionary “pass/fail” criteria, as
stated in the Invitation to Apply for Eligibility and to Bid and the Instructions to
Bidders. If a bidder submits the required document, it shall be rated “passed” for
that particular requirement. In this regard, failure to submit a requirement, or an
incomplete or patently insufficient submission, shall be considered “failed” for the
particular requirement concerned. In case one or more of the above required
documents in the first envelope of a particular bid is missing, incomplete, or
patently insufficient, the BAC shall rate the bid concerned as “failed” and
immediately return to the bidder concerned its second bid envelope unopened.
Otherwise, the BAC shall rate the said first bid envelope as “passed.”
30.2. Immediately after determining compliance with the requirements in the first
envelope, the BAC shall forthwith open the second bid envelope (Financial
Proposals) of each remaining eligible bidder whose first bid envelope was rated
“passed.” The second envelope of each complying bidder shall be opened
within the same day, except as provided under Section 33 of this IRR-A. In case
one or more of the requirements in the second envelope of a particular bid is
missing, incomplete or patently insufficient, and/or if the submitted total bid price
exceeds the approved budget for the contract, the BAC shall rate the bid
concerned as “failed.” Only bids that are determined to contain all the bid
requirements for both components shall be rated “passed” and shall immediately
be considered for evaluation and comparison.
30.3. A bidder determined as “failed” has seven (7) calendar days upon written notice
or, if present at the time of bid opening, upon verbal notification, within which to
file a request for a reconsideration with the BAC: Provided, however, That the
request for reconsideration shall not be granted if it is established that the finding
of failure is due to the fault of the bidder concerned: Provided, further, That the
BAC shall decide on the request for reconsideration within seven (7) calendar
days from receipt thereof. If a failed bidder signifies his intent to file a motion for
reconsideration, in the case of a bidder who fails in the first bid envelopes, the
BAC shall hold the second bid envelope of the said failed bidder unopened and
duly sealed until such time that the motion for reconsideration has been
resolved.
30.4. For the procurement of goods where, due to the nature of the requirements of
the project, the required technical specifications/requirements of the contract
cannot be precisely defined in advance of bidding, or where the problem of
technically unequal bids is likely to occur, a two (2)-stage bidding procedure may
be employed. In these cases, the procuring entity concerned shall prepare the
bidding documents, including the technical specification in the form of
performance criteria only. Under this procedure, prospective bidders shall be
requested at the first stage to submit their respective Letter of Intent, eligibility
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44
requirements if needed, and initial technical proposals only (no price tenders).
The concerned BAC shall then evaluate the technical merits of the proposals
received from eligible bidders vis-à-vis the required performance standards. A
meeting/discussion shall then be held by the BAC with those eligible bidders
whose technical tenders meet the minimum required standards stipulated in the
bidding documents for purposes of drawing up the final revised technical
specifications/requirements of the contract. Once the final revised technical
specifications are completed and duly approved by the concerned BAC, copies
of the same shall be issued to all the bidders identified in the first stage who
shall then be required to submit their revised technical tenders, including their
price proposals in two (2) separate sealed envelopes in accordance with this
IRR-A, at a specified deadline, after which time no more bids shall be received.
The concerned BAC shall then proceed in accordance with the procedure
prescribed in this IRR-A.
30.5. For the procurement of consulting services, the detailed implementation of the
procedure specified in this Section shall be as provided in Section 33 of this
IRR-A.
Section 31. Ceiling for Bid Prices
The approved budget for the contract under bidding shall be the upper limit or ceiling for
acceptable bid prices. If a bid price, as evaluated and calculated in accordance with this
IRR-A, is higher than the approved budget for the contract under bidding, the bidder
submitting the same shall be automatically disqualified. There shall be no lower limit or floor
on the amount of the award.
Section 32. Bid Evaluation for the Procurement of Goods and Infrastructure
Projects.
32.1. For the procurement of goods and infrastructure projects, the purpose of bid
evaluation is to determine the Lowest Calculated Bid. This bid shall be subject
to post-qualification in accordance with Rule X of this IRR-A to determine its
responsiveness to the eligibility and bid requirements. If after post-qualification
the Lowest Calculated Bid is determined to be post-qualified it shall be
considered the Lowest Calculated Responsive Bid and the contract shall be
awarded to the bidder.
32.2. For the procurement of goods and infrastructure projects, the Lowest Calculated
Bid shall be determined in two steps:
a) The detailed evaluation of the financial component of the bids, to
establish the correct calculated prices of the bids; and
b) The ranking of the total bid prices as so calculated from the lowest to the
highest. The bid with the lowest price shall be identified as the Lowest
Calculated Bid.
32.3. Members of the BAC, including its staff and personnel, as well as its Secretariat
and TWG, are prohibited from making or accepting any kind of communication
with any bidder regarding the evaluation of their bids until the issuance of the
Notice of Award, unless otherwise allowed in this IRR-A. The entire evaluation
process shall be completed in not more than fifteen (15) days for the
procurement of goods and infrastructure projects from the deadline for receipt of
proposals.
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45
32.4. Detailed Evaluation of Bids for the Procurement of Goods and Infrastructure
Projects
32.4.1. To determine the Lowest Calculated Bid for the procurement of goods and
infrastructure projects, after the preliminary examination of bids, the BAC
shall immediately conduct a detailed evaluation of all bids rated “passed,”
using a non-discretionary criteria, as stated in the Invitation to Apply for
Eligibility and to Bid and the Instructions to Bidders, which shall include a
consideration of the following:
a) The bid must be complete. Unless the Instructions to Bidders
specifically allow partial bids, bids not addressing or providing all of the
required items in the bidding documents including, where applicable,
bill of quantities, shall be considered non-responsive and, thus,
automatically disqualified. In this regard, where a required item is
provided, but no price is indicated, the same shall be considered as
non-responsive, but specifying a “0” (zero) for the said item would
mean that it is being offered for free to the Government; and
b) Minor arithmetical corrections to consider computational errors,
omissions and discounts if allowed, in the bidding documents to enable
proper comparison of all eligible bids. Any adjustment shall be
calculated in monetary terms to determine the calculated prices.
32.4.2. In the evaluation of bids, the BAC shall evaluate all bids on an equal footing
to ensure fair and competitive bid evaluation. For this purpose, all bidders
shall be required to include the cost of all taxes, such as, but not limited to,
value added tax (VAT), income tax, local taxes, and other fiscal levies and
duties which shall be itemized in the bid form and reflected in the detailed
estimates. Such bids, including said taxes, shall be the basis for bid
evaluation and comparison.
32.4.3. In case of discrepancies between: (a) bid prices in figures and in words, the
latter shall prevail; (b) total prices and unit prices, the latter shall prevail; (c)
unit cost in the detailed estimate and unit cost in the bill of quantities, the
latter shall prevail.
32.4.4. Based on the detailed evaluation of bids, those that comply with the abovementioned
requirements shall be ranked in the ascending order of their total
calculated bid prices, as evaluated and corrected for computational errors,
discounts and other modifications, to identify the Lowest Calculated Bid.
Total calculated bid prices, as evaluated and corrected for computational
errors, discounts and other modifications, which exceed the approved budget
for the contract shall not be considered.
32.5. After all bids have been received, opened, examined, evaluated and ranked, the
BAC shall prepare the corresponding Abstract of Bids. All members of the BAC
shall sign the Abstract of Bids and attach thereto all the bids with their
corresponding Bid Securities and the minutes or proceedings of the bidding.
The Abstract of Bids shall contain the following:
a) Name of the contract and its location, if applicable;
b) Time, date and place of bid opening; and
c) Names of bidders and their corresponding calculated bid prices arranged
from lowest to highest, the amount of Bid Security and the name of the
issuing entity.
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46
Section 33. Bid Evaluation of Short Listed Bidders for Consulting Services
33.1. For the procurement of consulting services, the purpose of bid evaluation is to
determine the Highest Rated Bid. This bid shall be subject to post-qualification
in accordance with Rule X of this IRR-A to determine its responsiveness to the
eligibility and bid requirements. Once the Highest Rated Bid is determined and
post-qualified the contract shall then be awarded to the bidder with the Highest
Rated Responsive Bid.
33.2. For the procurement of consulting services, the Highest Rated Bid shall be
determined in two steps:
a) The detailed evaluation of the bids of the short listed bidders using
numerical ratings based on either the quality-based evaluation/selection
procedure or the quality-cost based evaluation/selection procedure; and
b) The ranking of the bidders based on the numerical ratings from the highest
to the lowest. The bid with the highest rating shall be identified as the
Highest Rated Bid.
33.3. Detailed Evaluation Procedure for the Procurement of Consulting Services
33.3.1. Notwithstanding the provisions of Section 29 of this IRR-A, as a general
policy, the head of the procuring entity shall have the option as to the
evaluation procedure to be adopted for consultants, which shall either be
quality-based or quality-cost based, as well as the manner by which the
actual evaluation of proposals shall be conducted. The consultant evaluation
procedure adopted shall be stated in the Invitation to Apply for Eligibility and
to Bid and the bidding documents.
33.3.2. For the evaluation of proposals, numerical ratings shall be used. In order to
eliminate bias in evaluating the technical proposals, it is recommended that
the highest and lowest scores given by the BAC members for each
consultant for each criterion shall not be considered in determining the
average scores of the consultants, except when the evaluation is conducted
in a collegial manner.
33.3.3. After the bids have been submitted to the BAC and during the evaluation
period, bidders that have submitted their bids are prohibited from making any
kind of communication with any BAC member, including its staff and
personnel, as well as its Secretariat and TWG, regarding matters connected
to their bids until the approval by the head of the agency of the ranking of
short listed bidders. Likewise, members of the BAC, including its staff and
personnel, as well as its Secretariat and TWG, are prohibited from making
any kind of communication with any bidder regarding the evaluation of their
bids until the approval by the head of the procuring entity of the ranking of
short listed bidders. The entire evaluation process, including the submission
of the results thereof to the head of the agency for approval, shall be
completed in not more than twenty-one (21) calendar days after the deadline
for receipt of proposals. The proposal with the highest rank shall be
identified as the Highest Rated Bid.
33.3.4. The technical proposals of consultants shall be evaluated based on the
following criteria:
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a) Quality of personnel to be assigned to the project which covers
suitability of key staff to perform the duties of the particular
assignments and general qualifications and competence including
education and training of the key staff;
b) Experience and capability of the consultant which include records of
previous engagement and quality of performance in similar and in
other projects; relationship with previous and current clients; and,
overall work commitments, geographical distribution of
current/impending projects and attention to be given by the
consultant. The experience of the consultant to the project shall
consider both the overall experiences of the firm and the individual
experiences of the principal and key staff including the times when
employed by other consultants; and
c) Plan of approach and methodology with emphasis on the clarity,
feasibility, innovativeness and comprehensiveness of the plan
approach, and the quality of interpretation of project problems, risks,
and suggested solutions.
The BAC shall assign numerical weights to each of the above criteria which
shall be indicated in the bid documents.
For complex or unique undertakings, such as those involving new
concepts/technology or financial advisory services, participating short listed
consultants may be required, at the option of the agency concerned, to make
an oral presentation to be presented by each consultant, or its nominated
Project Manager or head, in case of consultant firms, within fifteen (15)
calendar days after the deadline for submission of technical proposals.
33.3.5. The head of the procuring entity shall approve or disapprove the
recommendations of the BAC within two (2) calendar days after receipt of the
results of the evaluation from the BAC.
33.3.6. All participating short listed consultants shall be furnished the results
(ranking and total scores only) of the evaluation after the approval by the
head of the agency of the ranking. Said results shall also be posted in the
G-EPS and the website of the agency, whenever available, for a period of
not less than two (2) weeks to inform the GPPB and the umbrella
organization of consultants of the results.
33.4. Quality-Based Evaluation Procedure
33.4.1. For the quality-based evaluation procedure, a two-stage procedure shall be
adopted whereby each consultant shall be required to submit his technical
and financial proposals simultaneously in separate sealed envelopes, and
the evaluation of consultants shall be made based only on the technical
proposals without consideration of the estimated cost or financial terms of
the services. The BAC shall rank the consultants in descending order based
on the numerical ratings of their technical proposals subject to Section 33.3
of this IRR-A and identify the Highest Rated Bid.
33.4.2. After approval by the head of the procuring entity, of the Highest Rated Bid,
the BAC shall within seven (7) calendar days notify and invite the consultant
with the Highest Rated Bid for negotiation. The financial proposal of the
consultant with the Highest Rated Bid shall then be opened by the BAC in
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the presence of the consultant concerned for the purpose of conducting
negotiations with the said consultant. In the letter of notification, the BAC
shall inform the consultant of the issues in the technical proposal the BAC
may wish to clarify during negotiations. When the negotiation with the first in
rank consultant fails, the financial proposal of the second in rank consultant
shall be opened for negotiations, and so on; provided that the amount
indicated in the financial envelope shall be made as the basis for
negotiations and the total contract amount shall not exceed the amount
indicated in the envelope and the approved budget for the contract as stated
in the Invitation to Apply for Eligibility and to Bid.
33.4.3. Basically, negotiations shall cover the following:
a) Discussion and clarification of the TOR and Scope of Services;
b) Discussion and finalization of the methodology and work program
proposed by the consultant;
c) Consideration of appropriateness of qualifications and pertinent
compensation, number of man-months and the personnel to be
assigned to the job, taking note of over-qualified personnel to be
commensurate with the compensation of personnel with the
appropriate qualifications, number of man-months and schedule of
activities (manning schedule);
d) Discussion on the services, facilities and data, if any, to be provided
by procuring entity concerned;
e) Discussion on the financial proposal submitted by the consultant; and
f) Provisions of the contract.
33.4.4. Except for meritorious reasons, negotiations with any one consultant shall be
completed within fourteen (14) calendar days.
33.5. Quality-Cost Based Evaluation Procedure
For the quality-cost based evaluation procedure, each consultant shall be
required to submit his technical and financial proposals simultaneously in
separate sealed envelopes, and the technical proposal together with the
financial proposal shall be considered in the evaluation of consultants. The
technical proposals shall be evaluated first and only the financial proposals of
the consultants who meet the minimum technical rating shall be opened. For
this purpose, it is hereby clarified that, in the case of a Quality-Cost Based
Evaluation, as distinguished from a Quality-Based Evaluation, the financial
proposals of the consultants who meet the minimum technical rating shall be
opened during bid opening and not during negotiations. Furthermore, the
financial and technical proposals shall be given corresponding weights with the
financial proposal given a weight of fifteen percent (15%) up to a maximum of
forty percent (40%). This shall be indicated in the Invitation to Apply for
Eligibility and to Bid and the bidding documents. The exact weight shall be
approved by the head of the procuring entity upon the recommendation of the
BAC. The weight of the technical criteria shall be adjusted accordingly such that
their total weight in percent together with the weight given to the financial
proposal shall add to one hundred percent (100%). The BAC shall rank the
consultants in descending order based on the combined numerical ratings of
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their technical and financial proposals and identify the Highest Rated Bid:
Provided, however, That subsequent negotiations in accordance with Section
33.4.3 of this IRR-A shall still be undertaken with the first in rank consultant,
except for item (e) thereof. Except for meritorious reasons, negotiations with
any one consultant shall be completed within fourteen (14) calendar days. Total
calculated bid prices, as evaluated and corrected for minor arithmetical
corrections, such as computational errors, which exceed the approved budget
for the contract shall not be considered.
33.6. There should be no replacement of key personnel before the awarding of
contract, except for justifiable reason, such as, among others, delay in the
evaluation process due to the fault of the Government. The procuring entity shall
immediately consider negotiation with the next ranked consultant if unjustifiable
replacement of personnel by the first ranked firm is made. Once the contract
has been awarded, no replacement shall be allowed until after fifty percent
(50%) of the personnel’s man-months have been served, except for justifiable
reasons. Violators will be fined an amount equal to the refund of the replaced
personnel’s basic rate, which should be at least fifty percent (50%) of the total
basic rate for the duration of the engagement.
RULE X – POST-QUALIFICATION
Section 34. Objective and Process of Post-Qualification
34.1. Within seven (7) calendar days from the determination of Lowest Calculated Bid
or the Highest Rated Bid, as the case may be, the BAC shall conduct and
accomplish a post-qualification of the bidder with the Lowest Calculated
Bid/Highest Rated Bid, to determine whether the bidder concerned complies with
and is responsive to all the requirements and conditions for eligibility, the bidding
of the contract, as specified in the bidding documents, in which case the said
bidder’s bid shall be considered and declared as the “Lowest Calculated
Responsive Bid” for the procurement of goods and infrastructure projects, or
the “Highest Rated Responsive Bid” for the procurement of consulting
services. In exceptional cases, the seven (7) calendar day period may be
extended by the GPPB.
34.2. The post-qualification shall verify, validate and ascertain all statements made
and documents submitted by the bidder with the Lowest Calculated Bid/Highest
Rated Bid, using non-discretionary criteria, as stated in the Invitation to Apply for
Eligibility and to Bid and the Instructions to Bidders. These criteria shall
consider, but shall not be limited to, the following:
a) Legal Requirements. To verify, validate and ascertain licenses and
agreements submitted by the bidder and the fact that he is not included
in any Government “blacklist.” For this purpose, the GPPB shall maintain
a consolidated file of all manufacturers, suppliers, distributors,
contractors and consultants “blacklisted” by the Government or any of its
procuring entities.
b) Technical Requirements. To determine compliance of the goods,
infrastructure projects or consulting services offered with the
requirements of the contract and bidding documents, including, where
applicable: (i) verification and validation of the bidder’s stated
competence and experience, and the competence and experience of the
bidder’s key personnel to be assigned to the project, for the procurement
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of infrastructure projects and consulting services; (ii) verification of
availability and commitment, and/or inspection and testing, of equipment
units to be owned or leased by the bidder, as well as checking the
performance of the bidder in its ongoing government and private
contracts (if any of these on-going contracts shows a reported negative
slippage of at least fifteen percent (15%), or substandard quality of work
as per contract plans and specifications, or unsatisfactory performance of
his obligations as per contract terms and conditions, at the time of
inspection, and if the BAC verifies any of these deficiencies to be due to
the contractor’s fault or negligence, the agency shall disqualify the
contractor from the award), for the procurement of infrastructure projects;
(iii) verification and/or inspection and testing of the goods/product, aftersales
and/or maintenance capabilities, in applicable cases, for the
procurement of goods; and (iv) ascertainment of the sufficiency of the Bid
Security as to type, amount, form and wording, and validity period.
c) Financial Requirements. To verify, validate and ascertain the bid price
proposal of the bidder and, whenever applicable, the required bank
commitment to provide a credit line to the bidder in the amount specified
and over the period stipulated in the Instructions to Bidders, to ensure
that the bidder can sustain the operating cash flow of the transaction.
For the procurement of infrastructure projects, this shall cover as well,
the bidder’s stated net worth and liquid assets, net working capital, the
value of all outstanding or unfinished works under ongoing contracts
including awarded contracts yet to be started, and the bidder’s NFCC,
whenever applicable.
34.3. If the BAC determines that the bidder with the Lowest Calculated Bid/Highest
Rated Bid passes all the criteria for post-qualification, it shall declare the said
bidder as the bidder with the Lowest Calculated Responsive Bid or Highest
Rated Responsive Bid, as the case may be, and the head of the procuring entity
concerned shall award the contract to the said bidder.
34.4. If, however, the BAC determines that the bidder with the Lowest Calculated
Bid/Highest Rated Bid fails the criteria for post-qualification, it shall immediately
notify the said bidder in writing of its post-disqualification and the grounds for it.
The post-disqualified bidder shall have seven (7) calendar days from receipt of
the said notification to request from the BAC, if it so wishes, a reconsideration of
this decision. The BAC shall evaluate the request for reconsideration, if any,
using the same non-discretionary criteria, and shall issue its final determination
of the said request within seven (7) calendar days from receipt thereof.
34.5. For the procurement of goods and infrastructure projects, immediately after the
BAC has notified the first bidder of its post-disqualification, and notwithstanding
any pending request for reconsideration thereof, the BAC shall initiate and
complete the same post-qualification process on the bidder with the second
Lowest Calculated Bid. If the second bidder passes the post-qualification, and
provided that the request for reconsideration of the first bidder has been denied,
the second bidder shall be post-qualified as the bidder with the Lowest
Calculated Responsive Bid, and the head of the procuring entity concerned shall
award the contract to it.
34.6. For the procurement of consulting services, immediately after the BAC has
notified the first bidder of its post-disqualification, and notwithstanding any
pending request for reconsideration thereof, the BAC shall initiate and complete
the negotiation and post-qualification process on the bidder with the second
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Highest Rated Bid. If the negotiations with the second bidder are successful,
and it passes the post-qualification, and provided that the request for
reconsideration of the first bidder has been denied, the second bidder shall be
post-qualified as the bidder with the Highest Rated Responsive Bid, and the
head of the procuring entity concerned shall award the contract to it. In the case
of the quality-based evaluation procedure, the sealed financial envelopes of the
unsuccessful bidders shall be returned by the BAC unopened and duly sealed
only when the consultant with the Highest Rated Responsive Bid has signed the
contract and furnished the Performance Security.
34.7. If the second bidder, however, fails the post-qualification, the procedure for postqualification
shall be repeated for the bidder with the next Lowest Calculated
Bid/Highest Rated Bid, and so on until the Lowest Calculated Responsive Bid or
Highest Rated Responsive Bid, as the case may be, is determined for award.
Section 35. Failure of Bidding
35.1. The BAC shall declare the bidding a failure and conduct a re-bidding with readvertisement
and/or posting, as provided for in Section 21 of the Act and this
IRR-A, after a re-evaluation of the terms, conditions and specifications of the first
bidding, when:
a) No prospective bidder submits an LOI or no bids are received;
b) All prospective bidders are declared ineligible;
c) All bids fail to comply with all the bid requirements or fail post-qualification,
or, in the case of consulting services, there is no successful negotiation; or
d) The bidder with the Lowest Calculated Responsive Bid/Highest Rated
Responsive Bid refuses, without justifiable cause to accept the award of
contract, and no award is made in accordance with Section 40 of the Act and
this IRR-A.
35.2. The BAC shall modify the terms, conditions and specifications in the first bidding
documents, when necessary, to change the scope of work or to adjust the
procuring entity’s cost estimates or specifications. However, the ABC shall be
maintained. All bidders who have initially responded to the Invitation to Apply for
Eligibility and to Bid and have been declared eligible in the first bidding shall be
allowed to submit new bids. The BAC shall observe the same process and set
the new periods according to the same rules followed during the first bidding.
35.3. Should there occur a second failure of bidding, the procuring entity concerned
may enter into a negotiated procurement, as provided for in Section 53 of the
Act and this IRR-A.
Section 36. Single Calculated/Rated and Responsive Bid Submission
A single calculated/rated and responsive bid shall be considered for award if it falls under
any of the following circumstances:
a) If after advertisement, only one prospective bidder submits an LOI and/or
applies for eligibility check, in accordance with the provisions of this IRR-A,
and it meets the eligibility requirements or criteria, after which it submits a bid
which is found to be responsive to the bidding requirements;
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b) If after advertisement, more than one prospective bidder submits an LOI
and/or applies for eligibility check, in accordance with the provisions of this
IRR-A, but only one bidder meets the eligibility requirements or criteria, after
which it submits a bid which is found to be responsive to the bidding
requirements; or
c) If after the eligibility check, more than one bidder meets the eligibility
requirements, but only one bidder submits a bid, and its bid is found to be
responsive to the bidding requirements.
In all instances, the procuring entity shall ensure that the ABC reflects the most
advantageous prevailing price for the Government.
RULE XI – AWARD, IMPLEMENTATION AND TERMINATION
OF THE CONTRACT
Section 37. Notice and Execution of Award
37.1. Award of contract shall be made to the bidder with the Lowest Calculated
Responsive Bid or the Highest Rated Responsive Bid, as the case may be, at its
submitted bid price or its calculated bid price, whichever is lower. In the case of
quality-based procurement of consulting services, the award shall be based on
the negotiated price or the submitted price, whichever is lower. In the case of
Single Calculated/Rated Responsive Bid, as provided for in Section 36 of the Act
and this IRR-A, the bidder with the Single Calculated /Rated Responsive Bid
shall be awarded the contract.
37.2. Contract Award
37.2.1. Within a period not exceeding fifteen (15) calendar days from the
determination and declaration by the BAC of the Lowest Calculated
Responsive Bid or Highest Rated Responsive Bid, and the recommendation
of the award, the head of the procuring entity or his duly authorized
representative shall approve or disapprove the said recommendation. In
case of approval, the head of the procuring entity or his duly authorized
representative shall immediately issue the Notice of Award to the bidder with
the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid. In
the case of GOCCs and GFIs, the period provided herein shall be thirty (30)
calendar days. Within the same period provided herein, the BAC shall notify
all losing bidders of its decision.
37.2.2. Contract award shall be made within the bid validity period. Should it
become necessary to extend the validity of the bids and, if applicable, the bid
securities, the procuring entity concerned shall request in writing all those
who submitted bids for such extension before the expiration date therefor.
Bidders, however, shall have the right to refuse to grant such extension
without forfeiting their bid security.
37.2.3. The following documents shall form part of the contract:
a) Contract Agreement;
b) Conditions of Contract;
c) Drawings/Plans, if applicable;
d) Specifications, if applicable;
e) Invitation to Apply for Eligibility and to Bid;
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f) Bidding Documents;
g) Addenda and/or Supplemental/Bid Bulletins, if any;
h) Bid form including all the documents/statements contained in the
winning bidder’s two bidding envelopes, as annexes;
i) Eligibility requirements, documents and/or statements;
i) Performance Security;
k) Credit Line issued by a licensed bank in accordance with the
provisions of this IRR-A, if applicable;
l) Notice of Award of Contract and winning bidder’s ”Conforme” thereto;
and
m) Other contract documents that may be required by existing laws
and/or the procuring entity concerned.
37.2.4. To facilitate the approval of the contract by the head of the procuring entity,
the following supporting documents shall be submitted:
a) Duly approved program of work or delivery schedule, and Cost
Estimates;
b) Certificate of availability of funds;
c) Abstract of Bids;
d) Resolution of the BAC or duly designated procurement office
recommending Award;
e) Approval of award by appropriate government approving authority;
and
f) Other pertinent documents that may be required by existing laws
and/or the procuring entity concerned.
37.3. Contract Signing
The winning bidder or its duly authorized representative shall formally enter into
contract with the procuring entity concerned, and submit all documentary
requirements to perfect the contract, within ten (10) calendar days from receipt
by the winning bidder of the Notice of Award.
37.4. Approval of Contract
When further approval of higher authority is required, the approving authority for
the contract, or his duly authorized representative, shall be given a maximum of
twenty (20) calendar days from receipt thereof, together with all documentary
requirements to perfect the said contract, to approve or disapprove it. In the
case of GOCCs, the concerned board, or its duly authorized representative,
shall act on the approval of the contract within thirty (30) calendar days from
receipt thereof together with all documentary requirements to perfect the said
contract.
37.5. Notice to Proceed
The concerned procuring entity shall then issue the Notice to Proceed together
with a copy or copies of the approved contract to the successful bidder within
seven (7) calendar days from the date of approval of the contract by the
appropriate government approving authority. All notices called for by the terms
of the contract shall be effective only at the time of receipt thereof by the
successful bidder. If an effectivity date is provided in the Notice to Proceed by
the procuring entity concerned, all notices called for by the terms of the
approved contract shall be effective only from such effectivity date.
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Section 38. Period of Action on Procurement Activities
38.1. The procurement process from the opening of bids up to the award of contract
shall not exceed three (3) months, or a shorter period to be determined by the
procuring entity concerned. The estimated periods for action on specific
procurement activities are provided for in Annex “C” of this IRR-A. In case the
deadline for each activity falls on a non-working day (i.e. Saturday and Sunday),
legal holiday, or special non-working holiday, the deadline shall be the next
working day.
38.2. If no action on the contract is taken by the head of the procuring entity within the
periods specified in Section 37.4 of this IRR-A, the contract concerned shall be
deemed approved: Provided, however, That where further approval by the Office
of the President is required, the contract shall not be deemed approved unless
and until the Office of the President gives actual approval to the contract
concerned.
Section 39. Performance Security
39.1. To guarantee the faithful performance by the winning bidder of its obligations
under the contract prepared in accordance with the bidding documents, it shall
post a Performance Security upon the signing of the contract. The Performance
Security may be in any of the following forms:
a) Cash, certified check, cashier’s/manager’s check, bank draft/guarantee
confirmed by a reputable local bank or in the case of a foreign winning
bidder, bonded by a foreign bank;
b) Irrevocable letter of credit issued by a reputable commercial bank or in the
case of an irrevocable letter of credit issued by a foreign bank, the same
shall be confirmed or authenticated by a reputable local bank;
c) Surety bond callable upon demand issued by any reputable surety or
insurance company;
d) A combination of the foregoing; or
e) A foreign government guarantee as provided in an executive, bilateral or
multilateral agreement, as may be required by the head of the procuring
entity concerned.
The required amount of the above forms of security shall be in accordance with
the following schedule:
Form of Security Minimum Amount in % of Total
Contract Price
1. Cash, certified check, cashier’s
check, manager’s check, bank draft
or irrevocable letter of credit
Five percent (5%)
2. Bank guarantee Ten percent (10%)
3. Surety bond Thirty percent (30%)
4. Foreign government guarantee One hundred percent (100%)
39.2. The Performance Security shall be posted in favor of the procuring entity
concerned, and shall be forfeited in favor of the procuring entity in the event it is
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established that the winning bidder is in default in any of its obligations under the
contract.
39.3. In the execution of the Performance Security, the following conditions shall be
complied with:
a) It shall be executed in the form prescribed by the procuring entity
concerned in the Instructions to Bidders;
b) It shall at least be co-terminus with the final completion of the contract;
and
c) For the procurement of infrastructure projects, the following provisions
shall form part of the Performance Security: “The right to institute action
on the penal bond pursuant to Act No. 3688 of any individual firm,
partnership, corporation and association supplying the contractor with
labor and materials for the prosecution of the work is hereby
acknowledged and confirmed.”
39.4. Subject to the conditions of the contract, the Performance Security may be
released by the procuring entity concerned after the issuance of the Certificate
of Acceptance of the goods, in the case of procurement of goods or consulting
services, provided that there are no claims filed against the contract awardee or
the surety company; or, in the case of procurement of infrastructure projects,
after the issuance of the Certificate of Completion of the contract, provided that
there are no claims for labor and materials filed against the contractor or the
surety company.
39.5. The winning bidder shall post an additional performance security following the
schedule above to cover any cumulative increase of more than ten percent
(10%) over the original value of the contract as a result of amendments to order
or change orders, extra work orders and supplemental agreements, as the case
may be. The winning bidder shall cause the extension of the validity of the
Performance Security to cover approved contract time extensions.
39.6. In case of a reduction in the contract value, or, in the case of procurement of
infrastructure projects, for partially completed works under the contract which
are usable and accepted by the Government, and the use of which in the
judgment of the implementing agency or the procuring entity will not affect the
structural integrity of the entire project, the said agency or procuring entity shall
allow a proportional reduction in the original Performance Security, provided that
any such reduction is more than ten percent (10%) and that the aggregate of
such reductions is not more than fifty percent (50%) of the original Performance
Security.
Section 40. Failure to Enter into Contract and Post Performance Security
40.1. If the bidder with the Lowest Calculated Responsive Bid or Highest Rated
Responsive Bid, as the case may be, or the bidder with the Single
Calculated/Rated Responsive Bid, fails, refuses or is unable to make good its
bid by entering into a contract with the procuring entity or post the required
Performance Security within the period stipulated in the bidding documents, the
bid security shall be forfeited and the appropriate sanctions provided in this IRRA
and existing laws shall be imposed, except where such failure, refusal or
inability is through no fault of the said bidder.
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40.2. In the case of the failure, refusal or inability of the bidder with the Lowest
Calculated and Responsive Bid or Highest Rated and Responsive Bid, as the
case may be, to enter into contract and post the required Performance Security,
as provided in this Section, the BAC shall disqualify the said bidder, and shall
initiate and complete the post-qualification process on the bidder with the
second Lowest Calculated Bid/Highest Rated Bid: Provided, however, That in
the case of consulting services, the second Highest Rated Bid has successfully
undergone the negotiation stage in accordance with Section 33.4 of this IRR-A.
This procedure shall be repeated until the Lowest Calculated and Responsive
Bid or Highest Rated and Responsive Bid, as the case may be, is determined for
award. However, if no bidder passes post-qualification, the BAC shall declare
the bidding a failure and conduct a re-bidding with re-advertisement. Should
there occur another failure of bidding after the conduct of the contract’s rebidding,
the procuring entity concerned may enter into a negotiated
procurement.
40.3. In the case of failure, refusal or inability of the bidder with the Single
Calculated/Rated Responsive Bid to enter into contract and post the required
Performance Security, as provided in this Section, the BAC shall disqualify the
said bidder, and shall declare the bidding a failure and conduct a re-bidding with
re-advertisement and/or posting, as provided for in Sections 21 and 25 of this
IRR-A. Should there occur another failure of bidding after the conduct of the
contract’s re-bidding, the procuring entity concerned may enter into a negotiated
procurement.
Section 41. Reservation Clause
41.1. The procuring entity reserves the right to reject any and all bids, declare a failure
of bidding, or not award the contract in the following situations:
a) If there is prima facie evidence of collusion between appropriate public
officers or employees of the procuring entity, or between the BAC and any
of the bidders, or if the collusion is between or among the bidders
themselves, or between a bidder and a third party, including any act which
restricts, suppresses or nullifies or tends to restrict, suppress or nullify
competition;
b) If the BAC is found to have failed in following the prescribed bidding
procedures; or
c) For any justifiable and reasonable ground where the award of the contract
will not redound to the benefit of the Government as follows: (i) if the
physical and economic conditions have significantly changed so as to
render the project no longer economically, financially or technically feasible
as determined by the head of the procuring entity; (ii) if the project is no
longer necessary as determined by the head of the procuring entity; and
(iii) if the source of funds for the project has been withheld or reduced
through no fault of the procuring entity.
Section 42. Contract Implementation and Termination
42.1. The contract implementation guidelines for the procurement of goods, supplies
and materials are provided for in Annex “D” of this IRR-A.
42.2. The contract implementation guidelines for the procurement of infrastructure
projects are provided for in Annex “E” of this IRR-A.
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42.3. The contract implementation guidelines for the procurement of consulting
services are provided for in Annex “F” of this IRR-A.
42.4. No incentive bonus, in whatever form or for whatever purpose, shall be allowed.
42.5. No procuring entity shall be allowed to issue a letter of credit in favor of a
Philippine entity or to any of the latter’s foreign manufacturers or suppliers, with
respect to any procurement.
RULE XII – DOMESTIC AND FOREIGN PROCUREMENT
Section 43. Procurement of Domestic and Foreign Goods
Consistent with the Government’s obligations under international treaties or agreements,
goods may be obtained from domestic or foreign sources: Provided, however, That the
procurement thereof shall be open only to eligible suppliers, manufacturers and distributors:
Provided, further, That, in the interest of availability, efficiency and timely delivery of goods,
the procuring entity may give preference to the purchase of domestically-produced and
manufactured goods, supplies and materials that meet the specified or desired quality, in
accordance with provisions of Commonwealth Act No. 138.
RULE XIII – BIDDING OF PROVINCIAL PROJECTS
Section 44. Bidding of Provincial Projects
Priority programs and infrastructure projects funded out of the annual GAA which are
intended for implementation within the province shall be subject to the same public bidding
and to the procurement processes prescribed in this IRR-A. For purposes of this Section,
Engineering District infrastructure projects and priority programs fully funded by the
Government and identified in consultation with the concerned members of Congress, shall
constitute “provincial projects” and shall be governed by this Section and Section 45 of this
IRR-A.
Section 45. Provincial Bidders
45.1. Within five (5) years from the effectivity of the Act, a contractor who participates
in the bidding of provincial priority programs and infrastructure projects as
defined in Section 44 of this IRR-A, whose principal office is within the same
province, and who submits the lowest bid among the provincial bidders which is
higher than the Lowest Calculated Bid made by a contractor with principal office
outside the said province, shall be given forty-eight (48) hours from receipt of
written advice from the BAC to match in writing the Lowest Calculated Bid.
Matching shall be made through appropriate adjustments in his unit bid prices
without changing the Scope of Work and work items prescribed by the procuring
entity in the bidding documents. Should the said provincial bidder fail to match
the Lowest Calculated Bid within the specified period, the contract shall be
awarded to the bidder with the Lowest Calculated Bid. If the provincial bidder is
able to match the submitted Lowest Calculated Bid within the specified period,
he shall be awarded the contract provided he passes the post-qualification.
Provided, however, That this Section shall not apply to contracts the coverage of
which includes more than one province: Provided, further, That this Section shall
not cover the procurement of consulting services: Provided, finally, That this
Section shall not apply to projects located within Metro Manila.
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45.2. The release of funds for said projects shall be published in a local newspaper
with the widest circulation and posted at any conspicuous place reserved for the
purpose in the premises of the procuring entity and posted continuously in the
website of DBM and the G-EPS during the same period for the advertisement
and posting of the Invitation to Apply for Eligibility and to Bid under Section 21 of
this IRR-A.
RULE XIV – LEASE OF COMPUTERS, COMMUNICATIONS,
INFORMATION AND OTHER EQUIPMENT
Section 46. Lease Contracts
The lease of construction and office equipment, including computers, communication and
information technology equipment are subject to the same public bidding and to the
processes prescribed under this IRR-A. Lease may also cover lease purchases or lease-toown
and similar variations.
RULE XV – DISCLOSURE OF RELATIONS
Section 47. Disclosure of Relations
In addition to the proposed contents of the Invitation to Apply for Eligibility and to Bid as
mentioned under Section 21 of this IRR-A, all bids shall be accompanied by a sworn affidavit
of the bidder that it is not related to the head of the procuring entity by consanguinity or
affinity up to the third civil degree. Failure to comply with the aforementioned provision shall
be a ground for the automatic disqualification of the bid in consonance with Section 30 of this
IRR-A. For this reason, relation to the head of the procuring entity within the third civil
degree of consanguinity or affinity shall automatically disqualify the bidder from participating
in the procurement of contracts of the procuring entity. On the part of the procuring entity,
this provision shall also apply to any of its officers or employees having direct access to
information that may substantially affect the result of the bidding, such as, but not limited to,
the members of the BAC, the members of the TWG, the BAC Secretariat, the members of
the PMO, and the designers of the project. On the part of the bidder, this provision shall
apply to the following persons:
a) If the bidder is an individual or a sole proprietorship, to the bidder himself;
b) If the bidder is a partnership, to all its officers and members;
c) If the bidder is a corporation, to all its officers, directors, and controlling stockholders;
and
d) If the bidder is a joint venture, the provisions of items (a), (b) or (c) of this Section shall
correspondingly apply to each of the members of the said joint venture, as may be
appropriate.
RULE XVI – ALTERNATIVE METHODS OF PROCUREMENT
Section 48. Alternative Methods
48.1. Subject to the prior approval of the head of the procuring entity or his duly
authorized representative, and whenever justified by the conditions provided in
this Act, the procuring entity may, in order to promote economy and efficiency,
resort to any of the alternative methods of procurement provided in this Rule. In
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all instances, the procuring entity shall ensure that the most advantageous price
for the Government is obtained.
48.2. In accordance with Section 10 of this IRR-A, as a general rule, the procuring
entities shall adopt public bidding as the general mode of procurement and shall
see to it that the procurement program allows sufficient lead time for such public
bidding. Alternative methods shall be resorted to only in the highly exceptional
cases provided for in this Rule.
Section 49. Limited Source Bidding
Limited Source Bidding, otherwise known as selective bidding, is a method of procurement
of goods and consulting services, that involves direct invitation to bid by the concerned
procuring entity from a set of pre-selected suppliers or consultants with known experience
and proven capability on the requirements of the particular contract. The pre-selected
suppliers or consultants shall be those appearing in a list maintained by the relevant
Government authority that has expertise in the type of procurement concerned, which list
should have been submitted to, and maintained updated with, the GPPB. The BAC of the
concerned procuring entity shall directly send to the pre-selected bidders the invitation to bid,
which shall already indicate the relevant information required to enable the bidders to
prepare their bids as prescribed under the pertinent provisions of this IRR-A. Limited source
bidding may be employed by concerned procuring entities under any of the following
conditions:
a) Procurement of highly specialized types of goods (e.g. sophisticated defense
equipment, complex air navigation systems, coal) and consulting services
where only a few suppliers or consultants are known to be available, such
that resorting to the public bidding method will not likely result in any
additional suppliers or consultants participating in the bidding; or
b) Procurement of major plant components where it is deemed advantageous to
limit the bidding to known qualified bidders in order to maintain uniform quality
and performance of the plant as a whole.
Section 50. Direct Contracting
Direct Contracting or single source procurement is a method of procurement of goods that
does not require elaborate bidding documents. The supplier is simply asked to submit a
price quotation or a pro-forma invoice together with the conditions of sale. The offer may be
accepted immediately or after some negotiations. Direct contracting may be resorted to by
concerned procuring entities under any of the following conditions:
a) Procurement of items of proprietary nature which can be obtained only from
the proprietary source, i.e. when patents, trade secrets and copyrights
prohibit others from manufacturing the same item;
b) When the procurement of critical plant components from a specific
manufacturer, supplier or distributor is a condition precedent to hold a
contractor to guarantee its project performance, in accordance with the
provisions of its contract; or
c) Those sold by an exclusive dealer or manufacturer which does not have subdealers
selling at lower prices and for which no suitable substitute can be
obtained at more advantageous terms to the Government.
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Section 51. Repeat Order
Repeat Order, when provided for in the APP, is a method of procurement of goods from the
previous winning bidder, whenever there is a need to replenish goods procured under a
contract previously awarded through Competitive Bidding. Repeat orders from the previous
winning bidder may be resorted to by procuring entities only in cases where the procured
item is clearly superior to the other bids not only in terms of the price quoted but also in
terms of equipment reliability, availability of spare parts, after-sales service and delivery
period, among others. Repeat orders shall likewise be subject to the following conditions:
a) Contract prices of the repeat order must be the same as or lower than those
in the original contract, provided that such prices are still the most
advantageous to the Government after price verification;
b) The repeat order will not result in splitting of contracts, requisitions or
purchase orders, as provided for in Section 54.1 of this IRR-A;
c) Except in cases duly approved by the GPPB, the repeat order shall be availed
of only within six (6) months from the date of the Notice to Proceed arising
from the original contract; and
d) The repeat order shall not exceed twenty-five percent (25%) of the quantity of
each item in the original contract.
Section 52. Shopping
Shopping is a method of procurement of goods whereby the procuring entity simply requests
for the submission of price quotations for readily available off-the-shelf goods or
ordinary/regular equipment to be procured directly from suppliers of known qualifications.
This method of procurement shall be employed only in any of the following cases:
a) When there is an unforeseen contingency requiring immediate purchase:
Provided, however, That the amount shall not exceed fifty thousand pesos
(P50,000); or
b) Procurement of ordinary or regular office supplies and equipment not
available in the Procurement Service involving an amount not exceeding two
hundred fifty thousand pesos (P250,000): Provided, however, That the
procurement does not result in splitting of contracts, as provided in Section
54.1 of this IRR-A: Provided, further, That at least three (3) price quotations
from bona fide suppliers shall be obtained.
The above amounts shall be subject to a periodic review by the GPPB. For this purpose, the
GPPB shall be authorized to increase or decrease the said amount in order to reflect
changes in economic conditions and for other justifiable reasons.
Section 53. Negotiated Procurement
Negotiated Procurement is a method of procurement of goods, infrastructure projects and
consulting services, whereby the procuring entity directly negotiates a contract with a
technically, legally and financially capable supplier, contractor or consultant only in the
following cases:
a) Where there has been failure of public bidding for the second time as
provided in Section 35 of the Act and this IRR-A;
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b) In case of imminent danger to life or property during a state of calamity, or
when time is of the essence arising from natural or man-made calamities or
other causes where immediate action is necessary to prevent damage to or
loss of life or property, or to restore vital public services, infrastructure
facilities and other public utilities. In the case of infrastructure projects, the
procuring entity has the option to undertake the project through negotiated
procurement or by administration or, in high security risk areas, through the
AFP;
c) Take-over of contracts, which have been rescinded or terminated for causes
provided for in the contract and existing laws, where immediate action is
necessary to prevent damage to or loss of life or property, or to restore vital
public services, infrastructure facilities and other public utilities;
d) Where the subject contract is adjacent or contiguous to an on-going
infrastructure project: Provided, however, That (i) the original contract is the
result of a Competitive Bidding; (ii) the subject contract to be negotiated has
similar or related scopes of work; (iii) it is within the contracting capacity of the
contractor; (iv) the contractor uses the same prices or lower unit prices as in
the original contract less mobilization cost; (v) the amount involved does not
exceed the amount of the ongoing project; and (vi) the contractor has no
negative slippage: Provided, further, That negotiations for the procurement
are commenced before the expiry of the original contract. Whenever
applicable, this principle shall also govern consultancy contracts, where the
consultants have unique experience and expertise to deliver the required
service;
e) Purchases of goods from another agency of the Government, such as the PSDBM,
which is tasked with a centralized procurement of commonly used
Goods for the government in accordance with Letters of Instruction No. 755
and Executive Order No. 359, series of 1989. Further, in order to hasten
project implementation, agencies which may not have the proficiency or
capability to undertake a particular procurement, as determined by the head
of the procuring entity concerned, may request other agencies to undertake
such procurement for them, or at their option, recruit and hire consultants or
procurement agents to assist them directly and/or train their staff in the
management of the procurement function;
f) In the case of individual consultants hired to do work that is (i) highly technical
or proprietary; or (ii) primarily confidential or policy determining, where trust
and confidence are the primary consideration for the hiring of the consultant:
Provided, however, That the term of the individual consultants shall, at the
most, be on a six month basis, renewable at the option of the appointing head
of the procuring entity, but in no case shall exceed the term of the latter; or
g) Upon prior approval by the President of the Philippines, and when the
procurement involves major defense equipment for use by the AFP and the
Secretary of National Defense has determined that the interests of the
country shall be protected by negotiating directly with an agency or
instrumentality of another country with which the Philippines has entered into
a defense cooperation agreement or otherwise maintains diplomatic relations:
Provided, however, That the performance by the supplier of its obligations
under the procurement contract shall be covered by a foreign government
guarantee of the source country covering one hundred percent (100%) of the
contract price.
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Section 54. Terms and Conditions for the use of Alternative Methods
54.1. Splitting of Government Contracts is not allowed. Splitting of Government
Contracts means the division or breaking up of Government Contracts into
smaller quantities and amounts, or dividing contract implementation into artificial
phases or sub-contracts for the purpose of evading or circumventing the
requirements of law and this IRR-A, especially the necessity of public bidding
and the requirements for the alternative methods of procurement.
54.2. In addition to the specific terms, conditions, limitations and restrictions on the
application of each of the alternative methods specified in Sections 48 to 53 of
this IRR-A, the following shall also apply:
a) For item (a) of Section 49, all the suppliers or consultants appearing in
the list specified in the same section shall be invited.
b) For items (a) and (b) of Section 53, in the case of goods and
infrastructure projects, the procuring entity shall draw up a list of at least
three (3) suppliers or contractors which will be invited to submit bids.
The procedures for the conduct of public bidding shall be observed, and
the lowest calculated and responsive bid shall be considered for award.
Moreover, the provisions of Section 21.2.4 of this IRR-A shall be
observed.
c) In the case of infrastructure projects, bona fide contractors licensed with
the CIAP whose eligibility documents are on file with the procuring entity
concerned or the Department of Public Works and Highways (DPWH)
Contractors’ Registry, as the case may be, and who have been classified
under the type of contract/project where the subject contract falls are
eligible to be invited for negotiation. Other contractors not previously
deemed eligible may also apply for eligibility.
All procuring entities shall maintain a registry of contractors, suppliers
and consultants as basis for drawing up the short list and/or selecting the
contractors, suppliers and consultants for negotiations.
Eligible contractor(s) for the project under consideration shall be
furnished copies of the instructions to offerers, plans, specifications,
proposal book form, and other tender documents for their use in
submitting their quotation and other information called for in the format.
The contractors shall submit, simultaneously with their quotation, the bid
security as stipulated above. Negotiation may be made in ascending
order starting from the lowest complying offerer.
d) For item (b) of Section 53 of the Act and this IRR-A, the negotiation shall
be made with a previous supplier, contractor or consultant of good
standing of the procuring entity concerned, or a supplier, contractor or
consultant of good standing situated within the vicinity where the calamity
or emergency occurred. Moreover, while the procurement activity would
still have to be posted in accordance with the provisions of Section
21.2.4 of this IRR-A, the period for posting required therein may be
waived by the procuring entity concerned.
e) For item (c) of Section 53 of the Act and this IRR-A, the contract may be
negotiated starting with the second lowest calculated bidder for the
project under consideration at the bidder’s original bid price. If
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negotiation fails, then negotiation shall be done with the third lowest
calculated bidder at his original price. If the negotiation fails again, a
short list of at least three (3) eligible contractors shall be invited to submit
their bids, and negotiation shall be made starting with the lowest bidder.
Authority to negotiate contracts for projects under these exceptional
cases shall be subject to prior approval by the heads of the procuring
entities concerned, within their respective limits of approving authority.
f) With respect to item (d) of Section 53 of the Act and this IRR-A, the
terms “adjacent” and “contiguous” shall be considered synonymous and
shall mean that the projects concerned shall be in actual physical contact
with each other.
g) With respect to item (e) of Section 53 of the Act and this IRR-A, a direct
negotiation may be made with the Government agency concerned:
Provided, however, That the procurement of common-use goods and
supplies shall be undertaken through the PS-DBM.
h) With respect to item (a) of Section 52 of the Act and this IRR-A while the
procurement activity would still have to be posted in accordance with the
provisions of Section 21.2.3 of this IRR-A, the period for posting required
therein may be waived by the procuring entity concerned.
RULE XVII – PROTEST MECHANISM
Section 55. Protests on Decisions of the BAC.
55.1. Decisions of the BAC with respect to the conduct of bidding may be protested in
writing to the head of the procuring entity: Provided, however, That a prior
motion for reconsideration should have been filed by the party concerned within
the reglementary periods specified in this IRR-A, and the same has been
resolved. The protest must be filed within seven (7) calendar days from receipt
by the party concerned of the resolution of the BAC denying its motion for
reconsideration. A protest may be made by filing a verified position paper with
the head of the procuring entity concerned, accompanied by the payment of a
non-refundable protest fee. The non-refundable protest fee shall be in an
amount equivalent to no less than one percent (1%) of the ABC.
55.2. The verified position paper shall contain the following information:
a) The name of bidder;
b) The office address of the bidder;
c) The name of project/contract;
d) The implementing office/agency or procuring entity;
e) A brief statement of facts;
f) The issue to be resolved; and
g) Such other matters and information pertinent and relevant to the proper
resolution of the protest.
The position paper is verified by an affidavit that the affiant has read and
understood the contents thereof and that the allegations therein are true and
correct of his personal knowledge or based on authentic records. An unverified
position paper shall be considered unsigned, produces no legal effect, and
results to the outright dismissal of the protest.
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Section 56. Resolution of Protests
The protests shall be resolved strictly on the basis of records of the BAC. The head of the
procuring entity shall resolve the protest within seven (7) calendar days from receipt thereof.
Subject to the provisions of existing laws on the authority of Department Secretaries and the
heads of agencies, branches, constitutional commissions or instrumentalities of the
Government to approve contracts, the decisions of the head of the procuring entity
concerned shall be final up to the limit of his contract approving authority. With respect to
LGUs, the decision of the local chief executive shall be final.
Section 57. Non-interruption of the Bidding Process
In no case shall any protest taken from any decision treated in this Rule stay or delay the
bidding process: Provided, however, That protests must first be resolved before any award is
made.
Section 58. Resort to Regular Courts; Certiorari
58.1. Court action may be resorted to only after the protests contemplated in this Rule
shall have been completed, i.e. resolved by the head of the procuring entity with
finality. The regional trial court shall have jurisdiction over final decisions of the
head of the procuring entity. Court actions shall be governed by Rule 65 of the
1997 Rules of Civil Procedure.
58.2. This provision is without prejudice to any law conferring on the Supreme Court
the sole jurisdiction to issue temporary restraining orders and injunctions relating
to Infrastructure Projects of Government.
58.3. The head of the BAC Secretariat of the procuring entity concerned shall ensure
that the GPPB shall be furnished a copy of the cases filed in accordance with
this Section.
RULE XVIII – SETTLEMENT OF DISPUTES
Section 59. Arbitration
Any and all disputes arising from the implementation of a contract covered by the Act and
this IRR-A shall be submitted to arbitration in the Philippines according to the provisions of
Republic Act No. 876, otherwise known as the "Arbitration Law": Provided, however, That,
disputes that are within the competence of the Construction Industry Arbitration Commission
to resolve shall be referred thereto. The process of arbitration shall be incorporated as a
provision in the contract that will be executed pursuant to the provisions of the Act and this
IRR-A: Provided, further, That, by mutual agreement, the parties may agree in writing to
resort to other alternative modes of dispute resolution.
Section 60. Appeals
The arbitral award and any decision rendered in accordance with the foregoing Section shall
be appealable by way of a petition for review to the Court of Appeals. The petition shall
raise pure questions of law and shall be governed by the Rules of Court.
RULE XIX – CONTRACT PRICES AND WARRANTIES
Section 61. Contract Prices
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61.1. For the given scope of work in the contract as awarded, all bid prices shall be
considered as fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances and upon
prior approval of the GPPB. All contracts shall be denominated and payable in
Philippine currency, and this shall be stated in the bidding documents: Provided,
however, That should the procuring entity receive bids denominated in foreign
currency, the same shall be converted to Philippine currency based on the
exchange rate prevailing on the day of the bid opening.
61.2. Any request for price escalation under extraordinary circumstances shall be
submitted by the concerned entity to the National Economic and Development
Authority (NEDA) with the endorsement of the procuring entity. The burden of
proving the occurrence of extraordinary circumstances that will allow for price
escalation shall rest with the entity requesting for such escalation. NEDA shall
only respond to such request after receiving the proof and the necessary
documentation.
61.3. For purposes of this Section, “extraordinary circumstances” shall refer to events
that may be determined by the NEDA in accordance with the Civil Code of the
Philippines, and upon the recommendation of the procuring entity concerned.
Section 62. Warranty
62.1. For the procurement of goods, in order to assure that manufacturing defects
shall be corrected by the supplier, manufacturer, or distributor, as the case may
be, a warranty shall be required from the contract awardee for a minimum period
of three (3) months, in the case of supplies, and one (1) year, in the case of
equipment, after performance of the contract. The obligation for the warranty
shall be covered by either retention money in an amount equivalent to at least
ten percent (10%) of every progress payment, or a special bank guarantee
equivalent to at least ten percent (10%) of the total contract price. The said
amounts shall only be released after the lapse of the warranty period: Provided,
however, That the goods supplied are free from patent and latent defects and all
the conditions imposed under the contract have been fully met.
62.2. For the procurement of infrastructure projects, the contractor shall assume full
responsibility for the contract work from the time project construction
commenced up to final acceptance by the government and shall be held
responsible for any damage or destruction of the works except those occasioned
by force majeure. The contractor shall be fully responsible for the safety,
protection, security, and convenience of his personnel, third parties, and the
public at large, as well as the works, equipment, installation and the like to be
affected by his construction work and shall be required to put up a warranty
security in the form of cash, bank guarantee, letter of credit, GSIS or surety bond
callable on demand, in accordance with the following schedule:
Form of Warranty Minimum Amount in % of Total
Contract Price
1. Cash deposit, cash bond or letter
of credit
Five percent (5%)
2. Bank guarantee Ten percent (10%)
3. Surety bond Thirty percent (30%)
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The warranty security shall be stated in Philippine Pesos, shall remain effective
during the applicable warranty period provided in Section 62.2.2 hereof, and
shall be returned only after the lapse of the said warranty period.
62.2.1. The defects liability period for infrastructure projects shall be one year from
project completion up to final acceptance by the Government. During this
period, the contractor shall undertake the repair works, at his own expense,
of any damage to the infrastructure projects on account of the use of
materials of inferior quality within ninety (90) days from the time the head of
the procuring entity has issued an order to undertake repair. In case of
failure or refusal to comply with this mandate, the Government shall
undertake such repair works and shall be entitled to full reimbursement of
expenses incurred therein upon demand.
Any contractor who fails to comply with the preceding paragraph shall suffer
perpetual disqualification from participating in any public bidding and his
property or properties shall be subject to attachment or garnishment
proceedings to recover the costs. All payables of government in his favor
shall be offset to recover the costs.
62.2.2. After final acceptance of the project by the Government, the contractor shall
be held responsible for structural defects and/or failure of the completed
project within the following warranty periods from final acceptance, except
those occasioned by force majeure and those caused by other parties:
a) Permanent Structures: Fifteen (15) years
Buildings of types 4 (steel, iron, concrete, or masonry construction with walls,
ceilings, and permanent partitions of incombustible fire resistance) and 5
(steel, iron, concrete, or masonry construction), steel and concrete bridges,
flyovers, concrete aircraft movement areas, ports, dams, diversion tunnels,
causeways, wharves, piers, dikes, filtration and treatment plants, sewerage
systems, power plants, transmission and communication towers, railway
system, and other similar structures;
b) Semi -Permanent Structures: Five (5) years
Buildings of types 1 (wooden), 2 (wood with 1 hour fire resistance), and 3
(masonry and wood construction), concrete roads, asphalt roads, river
control, drainage, irrigation and drainage canals, municipal ports and river
landing, deep wells, rock causeway, pedestrian overpass, and other similar
structures;and
c) Other Structures: Two (2) years
Bailey and wooden bridges, shallow wells, spring developments, and other
similar structures.
62.2.3. In cases where structural defects and/or failures arise during the warranty
period, the following persons/parties shall be held liable:
a) Contractor – Where structural defects and/or failures arise due to faults
attributable to improper construction use of inferior quality/substandard
materials, and any violation of the contract plans & specifications, the
contractor shall be held liable;
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b) Consultants – Where structural defects and/or failures arise due to
faulty and/or inadequate design and specifications as well as
construction supervision, then the consultant who prepared the design
or undertook construction supervision for the project shall be held
liable;
c) Procuring Entity’s Representatives/Project Manager/Construction
Managers and Supervisors – The project owner’s representative(s),
project manager, construction manager, and supervisor(s) shall be held
liable in cases where the structural defects/failures are due to his/their
willful intervention in altering the designs and other specifications;
negligence or omission in not approving or acting on proposed
changes to noted defects or deficiencies in the design and/or
specifications; and the use of substandard construction materials in the
project;
d) Third Parties - Third Parties shall be held liable in cases where
structural defects/failures are caused by work undertaken by them such
as leaking pipes, diggings/excavations, underground cables and
electrical wires, underground tunnel, mining shaft and the like, in which
case the applicable warranty to such structure should be levied to third
parties for their construction or restoration works.
e) Users - In cases where structural defects/failures are due to
abuse/misuse by the end user of the constructed facility and/or non–
compliance by a user with the technical design limits and/or intended
purpose of the same, then the user concerned shall be held liable.
For purposes of this section, the term “Structural Defects” shall mean major
faults/flaws/deficiencies in one or more key structural elements of the project
which may lead to structural failure of the completed elements or structure.
The term “Structural Failures” is defined as an occurrence where one or
more key structural elements in an infrastructure facility fails or collapses,
thereby rendering the facility or part thereof incapable of withstanding the
design loads, and/or endangering the safety of the users or the general
public.
62.2.4. In case of structural defects/failure occurring during the applicable warranty
period provided in Section 62.2.2 hereof, the Government shall undertake
the necessary restoration or reconstruction works and shall be entitled to full
reimbursement by the parties found to be liable, of expenses incurred therein
upon demand, without prejudice to the filing of appropriate administrative,
civil, and/or criminal charges against the responsible persons as well as the
forfeiture of warranty securities posted in favor of the Government.
RULE XX – THE GOVERNMENT PROCUREMENT POLICY BOARD
Section 63. Organization and Functions
63.1. The Government Procurement Policy Board (GPPB), as established in Section
63 of the Act, shall have the following duties and responsibilities:
a) To protect national interest in all matters affecting public procurement,
having due regard to the country’s regional and international obligations;
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b) To formulate and amend public procurement policies, rules and
regulations, and amend, whenever necessary, this IRR-A;
c) To prepare a generic procurement manual and the standard bidding
forms for procurement;
d) To ensure the proper implementation by procuring entities of the Act,
this IRR-A and all other relevant rules and regulations pertaining to
public procurement;
e) To establish a sustainable training program to develop the capacity of
Government procurement officers and employees, and to ensure the
conduct of regular procurement training programs by and for procuring
entities;
f) To conduct an annual review of the effectiveness of the Act and
recommend any amendments thereto, as may be necessary.
The GPPB shall be under the administrative supervision of the DBM for general
oversight and for budgeting purposes.
63.2. The GPPB Technical Support Office
The GPPB shall create a Technical Support Office (TSO) which shall provide
support in the performance of its duties and responsibilities specified in the Act
and this IRR-A.
The GPPB shall determine the TSO’s organizational structure and staffing,
subject to DBM approval. The TSO shall be headed by an Executive Director of
good moral character, unquestionable integrity and known probity.
63.3. The TSO shall provide research, technical and administrative support to the
GPPB, including:
a) Research based procurement policy recommendations and ruledrafting;
b) Development and updating of generic procurement manuals and
standard bidding forms;
c) Management and conduct of training on procurement systems and
procedures;
d) Evaluation of the effectiveness of the government procurement system
and recommendation of improvements in systems and procedures;
e) Monitoring the compliance to the Act and assisting procuring entities
improve their compliance;
f) Monitoring the implementation and effectiveness of the G-EPS; and
g) Secretariat support.
63.4. In addition to the powers granted under the Act and this IRR-A, the GPPB shall
absorb all the powers, functions and responsibilities of the Procurement Policy
Board created under Executive Order No. 359, series of 1989. All functions
Implementing Rules and Regulations of Republic Act No. 9184
69
related to procurement policy-making of the Infrastructure Committee of the
NEDA Board are transferred to the GPPB.
Section 64. Membership
The GPPB shall be composed of the Secretary of the Department of Budget and
Management, as Chairman, the Director-General of NEDA, as Alternate Chairman, with the
following as Members; the Secretaries of the Departments of Public Works and Highways,
Finance, Trade and Industry, Health, National Defense, Education, Interior and Local
Government, Science and Technology, Transportation and Communications, and Energy, or
their duly authorized representatives and a representative from the private sector to be
appointed by the President upon the recommendation of the GPPB. The GPPB may invite
a representative from the COA to serve as a resource person.
RULE XXI – PENAL CLAUSE
Section 65. Offenses and Penalties
65.1. Without prejudice to the provisions of R.A. 3019 and other penal laws, public
officers who commit any of the following acts shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day, but not more than
fifteen (15) years:
1. Opening any sealed Bid including but not limited to Bids that may have
been submitted through the electronic system and any and all documents
required to be sealed or divulging their contents, prior to the appointed
time for the public opening of Bids or other documents.
2. Delaying, without justifiable cause, the screening for eligibility, opening of
bids, evaluation and post evaluation of bids, and awarding of contracts
beyond the prescribed periods of action provided for in this IRR-A.
3. Unduly influencing or exerting undue pressure on any member of the
BAC or any officer or employee of the procuring entity to take a particular
action which favors, or tends to favor a particular bidder.
4. Splitting of contracts which exceed procedural purchase limits to avoid
competitive bidding or to circumvent the limits of approving or
procurement authority.
5. Abuse by the head of the procuring entity of his power to reject any and
all bids as mentioned under Section 41 of the Act and this IRR-A, with
manifest preference to any bidder who is closely related to him in
accordance with Section 47 of the Act and this IRR-A.
When any of the foregoing acts is done in collusion with private individuals, the
private individuals shall likewise be liable for the offense.
In addition, the public officer involved shall also suffer the penalty of temporary
disqualification from public office, while the private individual shall be
permanently disqualified from transacting business with the Government.
65.2. Private individuals who commit any of the following acts, and any public officer
who conspires with them, shall upon conviction, suffer the penalty of
Implementing Rules and Regulations of Republic Act No. 9184
70
imprisonment of not less than six (6) years and one (1) day but not more than
fifteen (15) years:
1. When two or more bidders agree and submit different bids as bona fide,
bidders, all the while knowing that the bid(s) of one or more of them was
so much higher than the other that the latter could not be honestly
accepted and that the contract will surely be awarded to the pre-arranged
lowest bid.
2. When a bidder maliciously submits different bids through two or more
persons, corporations, partnerships or any other business entity in which
he has an interest to create the appearance of competition that does not
in fact exist so as to be adjudged as the winning bidder.
3. When two or more bidders enter into an agreement which calls upon one
or more of them to refrain from bidding for procurement contracts, or
which requires one or more of them to withdraw Bids already submitted,
in order to secure an undue advantage to any one of them.
4. When a bidder, by himself or in connivance with others, employs
schemes which tend to restrain the natural rivalry of the parties or
operates to stifle or suppress competition and thus produce a result
disadvantageous to the public.
In addition, the public officer persons involved shall also suffer the penalty of
temporary or perpetual disqualification from public office and the private
individual shall be permanently disqualified from transacting business with the
Government.
65.3. Private individuals who commit any of the following acts, and any public officer
conspiring with them, shall upon conviction, suffer the penalty of imprisonment of
not less than six (6) years and one (1) day but not more than fifteen (15) years:
1. Submitting eligibility requirements of whatever kind and nature that
contain false information or falsified documents calculated to influence
the outcome of the eligibility screening process or conceal such
information in the eligibility requirements when the information will lead to
a declaration of ineligibility from participating in public bidding.
2. Submitting Bidding Documents of whatever kind and nature that contain
false information or falsified documents or conceal such information in
the Bidding Documents, in order to influence the outcome of the public
bidding.
3. Participating in a public bidding using the name of another or allow
another to use one’s name for the purpose of participating in a public
bidding.
4. Withdrawing a Bid, after it shall have qualified as the Lowest Calculated
Bid/Highest Rated Bid, or refuse to accept an award, without just cause
or for the purpose of forcing the Procuring Entity to award the contract to
another bidder. This shall include the non-submission within the
prescribed time, or delaying the submission of requirements such as, but
not limited to, performance security, preparatory to the final award of the
contract.
Implementing Rules and Regulations of Republic Act No. 9184
71
65.4. It is understood that the above penalties and offenses shall cover all types of
procurement whether done manually or electronically.
65.5. When the bidder is a juridical entity, criminal liability and the accessory penalties
shall be imposed on its directors, officers or employees who actually commit any
of the foregoing acts. If a person previously held liable or found guilty under the
provisions of the Act and this IRR-A has a controlling interest in a prospective
bidder-entity the said bidder-entity shall be disqualified to participate in any
procurement activity being conducted by the Government.
Section 66. Jurisdiction
Jurisdiction over the offenses defined under this Rule shall belong to the appropriate courts,
according to laws existing at the time of the commission of the offenses.
RULE XXII – CIVIL LIABILITY
Section 67. Civil Liability in Case of Conviction
Without prejudice to administrative sanctions that may be imposed in proper cases, a
conviction under the Act and this IRR-A or R.A. 3019 shall carry with it civil liability, which
may either consist of restitution for the damage done or the forfeiture in favor of the
government of any unwarranted benefit derived from the act or acts in question or both, at
the discretion of the courts.
Section 68. Liquidated Damages
All contracts executed in accordance with the Act and this IRR-A shall contain a provision on
liquidated damages which shall be payable in case of breach thereof. For the procurement
of goods and consulting services, the amount of the liquidated damages shall be at least
equal to one-tenth of one percent (0.1%) of the cost of the unperformed portion for every day
of delay. For the procurement of infrastructure projects, the amount of the liquidated
damages shall be in accordance with Annex “E.” Once the cumulative amount of liquidated
damages reaches ten percent (10%) of the amount of the contract, the procuring entity shall
rescind the contract, without prejudice to other courses of action and remedies open to it.
RULE XXIII – ADMINISTRATIVE SANCTIONS
Section 69. Imposition of Administrative Penalties
69.1. In addition to the provisions of Rules XXI and XXII of this IRR-A, the head of the
procuring entity, subject to the authority delegated to the BAC, if any, shall
impose on bidders or prospective bidders, the administrative penalty of
suspension for one (1) year for the first offense, and suspension of two (2) years
for the second offense from participating in the public bidding process, as well as
disqualification from further participating in the public bidding being undertaken
by the procuring entity concerned, where applicable, for the following violations:
1. Submission of eligibility requirements containing false information or
falsified documents.
2. Submission of Bids that contain false information or falsified documents,
or the concealment of such information in the Bids in order to influence
Implementing Rules and Regulations of Republic Act No. 9184
72
the outcome of eligibility screening or any other stage of the public
bidding.
3. Allowing the use of one’s name, or using the name of another for
purposes of public bidding.
4. Withdrawal of a bid, or refusal to accept an award, or enter into contract
with the Government without justifiable cause, after he had been
adjudged as having submitted the Lowest Calculated Responsive Bid or
Highest Rated Responsive Bid.
5. Refusal or failure to post the required performance security within the
prescribed time.
6. Termination of the contract due to the default of the bidder.
7. Refusal to clarify or validate in writing its Bid during post-qualification
within a period of seven (7) calendar days from receipt of the request for
clarification.
8. Any documented unsolicited attempt by a bidder to unduly influence the
outcome of the bidding in his favor.
9. All other acts that tend to defeat the purpose of the competitive bidding,
such as an eligible contractor not buying bid documents, and contractors
habitually withdrawing from bidding or submitting letters of nonparticipation
for at least three (3) times within a year, except for valid
reasons.
69.2. In addition to the penalty of suspension, the Bid Security or the Performance
Security posted by the concerned bidder or prospective bidder shall also be
forfeited.
69.3. The head of the procuring entity may delegate to the BAC the authority to
impose the aforementioned administrative penalties.
69.4. The procedures for the blacklisting of manufacturers, suppliers, distributors,
contractors, or consultants for Government projects shall be undertaken in
accordance with the guidelines to be issued by the GPPB. Pending the
issuance of the guidelines by the GPPB, all existing blacklisting guidelines and
reports of the Government or any of its procuring entity shall continue to remain
in force.
Section 70. Preventive Suspension
The head of the procuring entity may preventively suspend any member of the Technical
Working Group or the Secretariat, or the BAC if there are strong reasons or prima facie
evidence showing that the officials or employees concerned are guilty of the charges filed
against them under Rules XXI and XXII of this IRR-A or for dishonesty as defined by the
Civil Service Laws. For uniformed personnel of the AFP, the substantive and procedural
due process under its justice system shall be applied. In all cases, due process as
mandated by the Constitution and Civil Service laws, rules and regulations, shall be strictly
observed.
Section 71. Lifting of Suspension and Removal of Administrative Disabilities
Implementing Rules and Regulations of Republic Act No. 9184
73
Lifting of preventive suspension pending administrative investigation, as well as removal of
administrative penalties and disabilities shall be in accordance with the provisions of
Sections 52 and 53, Chapter 6, Subtitle A (Civil Service Commission), Title I, Book V of
Executive Order No. 292, otherwise known as the Administrative Code of 1987.
RULE XXIV – LEGAL ASSISTANCE
AND INDEMNIFICATION OF BAC MEMBERS
Section 72. Private Legal Assistance
All the members of the BAC are hereby authorized to engage the services of private lawyers
or external counsel immediately upon receipt of Court Notice that a civil or criminal action,
suit or proceeding is filed against them in connection with the lawful performance of their
official functions and duties as BAC members. The lawyer’s fee shall be part of the
indemnification package for the BAC members, subject to the provisions of Section 73 of the
Act and this IRR-A. For purposes of this IRR-A, the BAC members shall be understood to
include its support staff, such as the members of the TWG and the BAC Secretariat.
Section 73. Indemnification of BAC Members
73.1. The GPPB shall establish an equitable indemnification package for public
officials providing services in and for the BAC, which may be in the form of free
legal assistance, liability insurance, and other forms of protection and
indemnification for all reasonable fees, costs, and expenses incurred by such
persons in connection with any administrative, civil or criminal action, suit or
proceeding to which they may be, or have been made, a party by reason of the
lawful performance of their official functions and duties, unless they are finally
adjudged in such action or proceeding to be liable for gross negligence or
misconduct or grave abuse of discretion, or otherwise held liable or guilty of the
complaints or charges.
73.2. In the event of a settlement or compromise, indemnification shall be confined
only on matters covered by the settlement, as to which the procuring entity had
been advised by counsel that the public officials to be indemnified have not
committed gross negligence or misconduct or grave abuse of discretion in the
performance of their functions and duties.
73.3. The members of the BAC and its support staff, such as the members of the
TWG and the BAC Secretariat, shall also be entitled to medical assistance for
injuries incurred in the performance of their functions.
RULE XXV – FINAL PROVISIONS
Section 74. Amendment
74.1. As the need arises, this IRR-A may be recommended for amendment by the
GPPB jointly with the members of the Oversight Committee, subject to Section
74 of the Act, for approval by the President of the Philippines.
74.2. Any amendment to this IRR-A shall be applicable to all procurement activities,
the advertisement or invitation of which were issued after the effectivity of the
said amendment.
Implementing Rules and Regulations of Republic Act No. 9184
74
Section 75. Repealing Clause
The Act repeals E.O. 40, entitled “Consolidating Procurement Rules and Procedures for All
National Government Agencies, Government-Owned or -Controlled Corporations and/or
Government Financial Institutions, and Requiring the Use of the Government Electronic
Procurement System;” Executive Order No. 262, series of 2000, entitled "Amending
Executive Order No. 302, series of 1996, entitled "Providing Polices, Guidelines, Rules and
Regulations for the Procurement of Goods/ Supplies by the National Government" and Sec.
Three (3) of Executive order No. 201, series of 2000, entitled "Providing Additional Policies
and Guidelines in the Procurement of Goods/Supplies by the National Government;"
Executive Order No. 302, series of 1996, entitled "Providing Policies, Guidelines, Rules and
Regulations for the Procurement of Goods/Supplies by the National Government" and
Presidential Decree No. 1594 (P.D. 1594), dated June 11, 1978, entitled “Prescribing
Policies, Guidelines, Rules and Regulations for Government Infrastructure Contracts;" and
the relevant provisions of Republic Act No. 7898 dated February 23, 1995, entitled “An Act
Providing for the Modernization of the Armed Forces of the Philippines and for Other
Purposes.” This law amends Title Six, Book Two of Republic Act No. 7160 (R.A. 7160),
otherwise known as the “Local Government Code of 1991," and, in furtherance thereto,
Chapter Five, Title One, Book One of the same law; the relevant provisions of Executive
Order No. 164, series of 1987, entitled "Providing Additional Guidelines in the Processing
and Approval of Contracts of the National Government." Any other law, presidential decree
or issuance, executive order, letter of instruction, administrative order, proclamation, charter,
rule or regulation and/or parts thereof contrary to or inconsistent with the provisions of the
Act is hereby repealed, modified or amended accordingly.
Section 76. Separability Clause
If any provision in this IRR-A, or application of such provision to any circumstance, is
declared invalid or unconstitutional, the other provisions not affected thereby shall remain
valid and subsisting.
Section 77. Transitory Clause
In all procurement activities, if the advertisement or invitation for bids was issued prior to the
effectivity of the Act, the provisions of E.O. 40 and its IRR, P.D. 1594 and its IRR, R.A. 7160
and its IRR, or other applicable laws, as the case may be, shall govern.
In cases where the advertisements or invitations for bids were issued after the effectivity of
the Act but before the effectivity of this IRR-A, procuring entities may continue adopting the
procurement procedures, rules and regulations provided in E.O. 40 and its IRR, P.D. 1594
and its IRR, R.A. 7160 and its IRR, or other applicable laws, as the case may be.
Section 78. Effectivity Clause
This IRR-A shall take effect fifteen (15) calendar days after its publication in the Official
Gazette or in a newspaper of general nationwide circulation.
DONE in the City of Manila, this _____day of __________ in the year of our Lord, Two
Thousand and Three.
Implementing Rules and Regulations of Republic Act No. 9184
75
GOVERNMENT PROCUREMENT POLICY
BOARD:
JOINT CONGRESSIONAL OVERSIGHT
COMMITTEE:
____________________________________
HON. EMILIA T. BONCODIN
Chairperson, GPPB
Secretary, DBM
____________________________________
HON. EDGARDO J. ANGARA
Chairman, Senate Committee
Senator
____________________________________
HON. ROMULO L. NERI
Alternate Chairperson, GPPB
Director General, NEDA
____________________________________
HON. ROLANDO G. ANDAYA, JR.
Chairman, House Committee
Congressman
____________________________________
HON. EDILBERTO C. DE JESUS
Member, GPPB
Secretary, DepEd
____________________________________
HON. JUAN M. FLAVIER
Member, Senate Committee
Senator
____________________________________
HON. VICENTE S. PEREZ, JR.
Member, GPPB
Secretary, DOE
____________________________________
HON. LOREN LEGARDA-LEVISTE
Member, Senate Committee
Senator
____________________________________
HON. JOSE ISIDRO N. CAMACHO
Member, GPPB
Secretary, DOF
____________________________________
HON. PLARIDEL M. ABAYA
Member, House Committee
Congressman
____________________________________
HON. MANUEL M. DAYRIT
Member, GPPB
Secretary, DOH
____________________________________
HON. ROLEX T. SUPLICO
Member, House Committee
Congressman
____________________________________
HON. JOSE D. LINA, JR.
Member, GPPB
Secretary, DILG
Implementing Rules and Regulations of Republic Act No. 9184
76
____________________________________
HON. ANGELO T. REYES
Member, GPPB
Secretary, DND
____________________________________
HON. FLORANTE M. SORIQUEZ
Member, GPPB
Secretary, DPWH
____________________________________
HON. ESTRELLA F. ALABASTRO
Member, GPPB
Secretary, DOST
____________________________________
HON. MANUEL A. ROXAS
Member, GPPB
Secretary, DTI
____________________________________
HON. LEANDRO R. MENDOZA
Member, GPPB
Secretary, DOTC
Approved:
GLORIA MACAPAGAL-ARROYO
President of the Philippines

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